Issue link: http://palletcentral.uberflip.com/i/1498036
34 PalletCentral • March-April 2023 palletcentral.com 34 PalletCentral • March-April 2023 palletcentral.com violators" if they have an inspection meeting one or more of the following criteria: 1) Non-Fatality/Catastrophe Criterion for Hazards Due to the Potential Release of a Highly Hazardous Chemical (Process Safety Management): An inspection in which OSHA finds three or more willful or repeated violations or failure-to-abate notices (or any combination of these violations/notices), based on high gravity serious violations related to hazards due to the potential release of a highly hazardous chemical, as defined in the PSM standard. 2) Egregious Criterion: All egregious (e.g., now "Instance-by-Instance") enforcement actions will be considered SVEP cases. 3) Fatality/Catastrophe Criterion: A fatality/ catastrophe inspection in which OSHA finds one or more willful or repeated violations or failure-to-abate notices based on a serious violation related to a death of an employee or three or more hospitalizations. 4) Non-Fatality/Catastrophe Criterion Related to High-Emphasis Hazards: An inspection in which OSHA finds two or more willful or repeated violations or failure-to-abate notices (or any combination of these violations/notices), based on high gravity serious violations related to a High- Emphasis Hazard. High-Emphasis Hazards are targeted and include fall and amputation hazards. On February 16, 2023, OSHA published a request for comments on ways to "modernize" its decades-old Voluntary Protection Program (VPP), and potential changes include charging a fee for VPP participation, offering new incentives for joining the program, and switching to a "tiered" approach for worksite recognition. Currently, companies qualifying for VPP status are exempt from "Programmed" OSHA inspections – including those under the National Emphasis Programs and the new Site-Specific Targeting Program (discussed elsewhere in this issue). e notice appears in the Federal Register and allows 60 days for public comment (due April 14, 2023, although this could be extended). ere is also an opportunity to request a public hearing, but because this is a policy modification and not a rulemaking, there is no mandate for a hearing before altering current criteria. e VPP, established in 1982, has generally been credited with saving lives and providing examples of how companies can successfully implement world- class occupational safety and health programs and reduce injuries and illnesses while maintaining productivity. VPP worksites have a "DART" rate that averages 53 percent below the average for the participant's industry sector (non-construction) and 60 percent lower for construction. is favorable trend has been noted since 2001. VPP is available to diverse industries: employers and contractors, large and small companies, union and open shops, and even site-based and mobile workforce sites are all eligible. ere are approximately 2,200 organizations recognized as VPP sites currently. It does, however, utilize significant OSHA human and financial resources. Participants must have and maintain superior "DART" (injury/illness) rates, and have adopted safety and health management systems (SHMS), as well as going beyond minimum compliance through alignment with ANSI, ISO or other consensus standards, and ensuring employee participation (usually through a union presence at the workplace). ere are other metrics used, and these are among the details now under review. ere has been criticism of the program as well