Death on the Job The Toll of Neglect A NATIONAL AND STATE-BY-STATE PROFILE OF WORKER SAFETY AND HEALTH IN THE UNITED STATES 16th Edition April 2007 AFL-CIO Death on the Job The Toll of Neglect A NATIONAL AND STATE-BY-STATE PROFILE OF WORKER SAFETY AND HEALTH IN THE UNITED STATES 16th Edition April 2007 For more information, contact the AFL-CIO Safety and Health Office at 202-637-5366 TABLE OF CONTENTS Page I. The State of Workers’ Safety and Health 2007 1 II. National Safety and Health Overview 25 Charts and Graphs: Workplace Fatalities Since the Passage of OSHA 27 Workplace Fatality Rates by Industry Sector, 1970-2002 28 Workplace Fatality Rates by Industry Sector, 2003-2005 29 Occupational Fatalities by Industry, 2005 30 Selected Occupations with High Fatality Rates, 2005 31 Fatal Work Injuries by Race, 1992-2005 32 Hispanic Worker Fatalities 1992-2005 33 Rate of Fatal Occupational Injuries to Hispanic 34 or Latino Workers, 1995-2005 Occupational Injuries and Illnesses Since the Passage of OSHA 35 Workplace Injury and Illness Rates by Sector, 1973-2002 36 Workplace Injury and Illness Rates by Sector, 2003-2005 37 Industries with the Highest Total Injury and Illness Rates, 2005 38 Nonfatal Occupational Injuries and Illnesses With Days Away 39 From Work, 2005 (Pie Chart) Hispanic Workers Injuries Days Away From Work 40 Estimated and Reported Cases of MSDs, 1992-2005 41 Occupations with the 20 Highest Numbers of MSDs, 2005 42 True Toll of Workplace Injury and Illness, 2005 43 Federal OSHA Inspection/Enforcement Activity, FY 1999-2006 44 Federal and State Plan OSHA Enforcement Activity, FY 2006 45 OSHA Ergonomics General Duty Citations 46 OSHA Standards Since 1971 47 OSHA Regulations Withdrawn 50 Permissible Exposure Limits Comparison 51 Federal OSHA Budget and Personnel 52 Job Safety and Health Appropriations, FY 2001-2008 53 Funding for Worker Training Programs vs. Employer 54 Compliance Assistance Programs Number of Establishments and Employees Compared 55 to Number of OSHA Staff Funding for Federal Health Research Agencies, 2000-2008 56 State and Local Employees OSHA Coverage Map 57 Profiles of Mine Safety and Health 58 Coal Fatalities by State, 1993-2006 59 Page Metal and Nonmetal Fatalities by State, 1993-2006 61 Coal and Metal-Nonmetal Fatality Comparisons 63 MSHA Regulations Withdrawn 64 III. State Comparisons 65 Charts and Graphs: Years Needed for OSHA to Inspect All Jobsites 67 OSHA Inspectors Compared to ILO Benchmark 68 Profile of Workplace Safety and Health in the U.S. 71 Workplace Safety and Health Statistics by State, 2000-2005 75 Workplace Fatalities by State, 1992-2005 78 Fatal Occupational Injuries by State and Event or Exposure 81 Hispanic Worker Fatalities by State, 1992-2005 84 Foreign-Born Worker Fatalities by State, 1992-2005 87 IV. State Profiles 91 V. Sources and Methodology 145 Copyright AFL-CIO 2007. No portion of this publication may be reproduced by anyone other than an affiliate of the AFL-CIO without express written permission. THE STATE OF WORKERS’ SAFETY AND HEALTH This edition of “Death on the Job: The Toll of Neglect” marks the 16th year the AFL-CIO has produced a report on the state of safety and health protections for America’s workers. The report includes state-by-state profiles of workers’ safety and health and features state and national information on workplace fatalities, injuries, illnesses, the number and frequency of workplace inspections, penalties and public-employee coverage under the Occupational Safety and Health Act (OSHAct). It also includes information on the state of mine safety and health. Since 1970, when the OSHAct was passed, workplace safety and health conditions have improved. Unfortunately, as demonstrated by the Sago mine disaster and other recent coal disasters, too many workers remain at risk, and face death, injury or disease as a result of their jobs. Progress in protecting workers’ safety and health is slowing, and for some groups of workers jobs are becoming more dangerous. The most recent job fatality data (2005) show 5,734 fatal workplace injuries reported in 2005, with significant increases in fatalities among Hispanic, Black or African–American, foreign-born and young workers. As the economy, the workforce and hazards are changing, we are falling further and further behind in our efforts to protect workers from new and existing problems. Under the Bush Administration, regulatory activity at the Occupational Safety and Health Administration (OSHA) has ground to a halt. Important standards close to completion at the end of the Clinton Administration—including a standard on employer payment for personal protective equipment—have been withdrawn or delayed repeatedly by the Bush Administration. Overall, dozens of OSHA and MSHA standards were pulled from the Administration’s regulatory agenda, including MSHA standards on mine rescue teams, self-contained self-rescue devices and escape ways and refuges which may have helped to prevent the fatalities at the Sago mine. Some new mine safety rules are now being developed and issued, but only as a result of legislation enacted in the wake of the Sago disaster. New and emerging hazards, including risks to workers from bioterrorist threats and pandemic flu, are not being adequately addressed. The dollar amounts of both federal and state OSHA penalties and MSHA penalties are woefully inadequate. Over the past six years, the OSHA and MSHA enforcement staff and enforcement budgets have been cut, with much greater emphasis on voluntary efforts and partnership programs with industry. This trend may now be reversing as a result of the recent mining disasters and the election of a Democratic Congress that places a higher priority on job safety enforcement. According to Liberty Mutual, the nation’s largest workers’ compensation insurance company, the direct cost of occupational injury and illness is $48.6 billion – nearly $1 billion per week. When indirect costs are taken into account, the total annual cost is between $145 billion and 1 $290 billion a year. But even these estimates understate the true extent of occupational injuries and illnesses and their associated costs. At a time when challenges, problems and costs are mounting, the nation’s commitment to protecting workers from job injuries, illnesses and death has faltered. The nation is falling further and further behind in achieving the promise of safe jobs for America’s workers. JOB FATALITIES, INJURIES AND ILLNESSES More than 349,000 workers now can say their lives have been saved since the passage of the OSH Act in 1970. Unfortunately, too many workers remain at risk. On average, 16 workers were fatally injured and more than 12,000 workers were injured or made ill each day of 2005. These statistics do not include deaths from occupational diseases, which claim the lives of an estimated 50,000 to 60,000 workers each year. Job Fatalities According to the BLS, there were 5,734 workplace deaths due to traumatic injuries in 2005, a decrease from the number of deaths in 2004, when 5,764 workplace deaths were reported. The rate of fatal injuries was 4.0 per 100,000 workers in 2005 compared to 4.1 per 100,000 workers in 2004, a 2 percent decrease. Wyoming led the country with the highest fatality rate (16.8 per 100,000), followed by Montana (10.3), Mississippi (8.9), Alaska (8.2), South Dakota (7.5) and South Carolina (6.7). The lowest state fatality rate (1.1 per 100,000) was reported in Rhode Island, followed by Vermont (2.0), Maine (2.2), Hawaii (2.3), Massachusetts (2.3) and Michigan (2.3). Twenty-four states saw an increase in either the rate or number of fatalities between 2004 and 2005, with Mississippi, Montana, and South Dakota having the biggest increases in fatality rates. The construction sector had the largest number of fatal work injuries (1,192) in 2005, followed by transportation and warehousing (885) and agriculture, forestry, fishing and hunting (715). Industry sectors with the highest fatality rates were agriculture, forestry, fishing and hunting (32.5 per 100,000), mining (25.6 per 100,000) and transportation and warehousing (17.7 per 100,000). Transportation incidents, in particular highway crashes, continue to be the leading cause of workplace deaths, responsible for 2,493 or 43 percent of all fatalities in 2005. Highway crashes continue to account for one-fourth of the fatal work injury total (1,437). Fatalities from falls decreased by 7 percent in 2005 compared to 2004. In 2005 there were 770 fatalities from falls. The number of workplace homicides increased to 567 in 2005 compared to 559 in 2004. Transportation and material moving occupations had the highest number of fatalities with 1,551, followed by construction and extraction occupations with 1,184 fatal injuries. The occupations at greatest risk of work-related fatalities, based on the number of fatalities per 100,000 employed, were fishers and related fishing workers (118.4/100,000), logging workers (92.9/100,000) and 2 aircraft pilots and flight engineers (66.9/100,000). Fatal injuries to Hispanic or Latino workers continue to be a serious problem, with fatal injuries to both foreign-born and native-born Hispanic workers increasing in 2005. In 2005, fatal injuries among Hispanic workers increased by 2 percent over 2004, with 923 fatalities among this group of workers, the highest number ever reported. The rate of fatal injuries to Hispanic or Latino workers decreased from 5.0 per 100,000 workers in 2004 to 4.9 per 100,000 workers in 2005. The fatality rate among Hispanic or Latino workers in 2005 was 23 percent higher than the fatal injury rate for all U.S. workers. Other racial/ethnic groups experiencing an increase in fatalities in 2005 included Black or African-American workers and American Indian or Alaskan Native workers. Job Injuries and Illnesses In 2005, 4.2 million injuries and illnesses were reported in private-sector workplaces, a slight decrease from 4.3 million in 2004. An additional 578,200 injuries and illnesses occurred among state and local employees in the 29 states and territories in which these data were collected. The national injury and illness rate (private-sector only) in 2005 was 4.6 per 100 workers. Manufacturing accounted for 20 percent of the nonfatal workplace injuries and illnesses in 2005. The health care and social assistance industry accounted for 16 percent of injuries and illnesses followed by the retail trade industry at 15 percent. Construction experienced 10 percent of all private-sector injuries and illnesses in 2005. The industries with the highest rates of nonfatal workplace injuries and illnesses were beet sugar manufacturing (18.3/100), light truck and utility vehicle manufacturing (17.8/100), iron foundries (17.1/100), truck trailer manufacturing (16.8/100) and prefabricated wood building manufacturing (14.3/100). Thirty-one percent of all cases of injuries and illnesses involving days away from work, job transfer or restriction occurred in the trade, transportation and utilities industry, followed by manufacturing at 17 percent, education and health services at 15 percent and construction at 13 percent. Occupations with highest number of injuries involving days away from work were laborers and materials movers, heavy and tractor-trailer truck movers, nurses’ aides and orderlies, construction laborers, and truck drivers in light or delivery services. The median number of days away from work for lost time injury cases was seven days in 2005, with 24 percent of all days away from work cases resulting in 31 or more days away from work. Musculoskeletal Disorders For 2005, BLS reported 375,540 musculoskeletal disorder (MSD) cases resulting in days away from work. MSDs continue to account for 30 percent of all injuries and illnesses involving days away from work and remain the biggest category of injury and illness. The occupations reporting the highest number of MSDs involving days away from work in 2005 were laborers and freight, stock, and material movers, handlers (32,100); nursing aides, orderlies 3 and attendants (28,920); and truck drivers, heavy and tractor-trailer (18,330). The median number of days away from work for MSDs in 2005 was 9 days. It is important to recognize that the numbers and rates of MSDs reported by BLS represent only a part of the total MSD problem. The BLS MSD data are limited to cases involving one or more days away from work, the cases for which BLS collects detailed reports. Similar detailed reports are not collected for injuries and illnesses that do not involve lost work time or those that result in job transfer or restriction but not in time lost from work. Based on the percentage of days away from work cases involving MSDs (30 percent) in 2005, there were an estimated 285,030 MSDs that resulted in restricted activity or job transfer, 655,440 MSD cases that resulted in days away from work, restricted activity or job transfer, and a total of 1,264,260 MSDs reported by private-sector employers. Moreover, these figures do not include injuries suffered by public-sector workers or postal workers, nor do they reflect the underreporting of MSDs by employers. Based on studies and experience, OSHA has estimated that MSDs are understated by at least a factor of two—that is, for every MSD reported there is another work-related MSD that is not recorded or reported.1 However, a recent study that examined undercounting of injuries and illnesses found that underreporting is even greater, with two additional injuries occurring for every injury that is reported.2 Reported Cases Understate Problem While government statistics show that occupational injury and illness are declining, numerous studies have shown that government counts of occupational injury and illness are underestimated by as much as 69 percent.3 A recent study published in the April 2006 Journal of Occupational and Environmental Medicine that examined injury and illness reporting in Michigan has made similar findings.4 The study compared injuries and illnesses reported in five different data bases – the BLS Annual Survey, the OSHA Annual Survey, the Michigan Bureau of Workers’ Compensation, the Michigan Occupational Disease reports and the OSHA Integrated Management Information System. It found that during the years 1999, 2000 and 2001, the BLS Annual Survey, which is based upon employers’ OSHA logs, captured approximately 33 percent of injuries and 31 percent of illnesses reported in the various data bases in the state of Michigan. The BLS data underestimates the extent of workplace injuries and illnesses in the United States for a variety of reasons. First, the data exclude many categories of workers (self-employed individuals; farms with fewer than 11 employees; employers regulated by other federal safety and health laws; federal, state and local government agencies; and private household workers). This results in the exclusion of more than one in five workers from the BLS Annual Survey. In addition to the built-in exclusions, which BLS is candid about, there also is underreporting for 1 64 F.R. 65981 and 65 F.R. 68758. 2 Rosenman, K.D., Kalush, A., Reilly, M.J., Gardiner, J.C., Reeves, M., and Luo, Z., “How Much Work-Related Injury and Illness is Missed by the Current National Surveillance System?”, Journal of Occupational and Environmental Medicine, Vol. 48, No. 4, pp 357-367, April 2006. 3 Leigh, J. Paul, James P. Marcin, J., and Miller, T.R., “An Estimate of the U.S. Government’s Undercount of Nonfatal Occupational Injuries,” Journal of Occupational and Environmental Medicine, Vol. 46, No. 1, January 2004. 4 Rosenman, op. cit. 4 other reasons.5 There are a number of factors – mostly economic – that help explain underreporting: • Workers’ compensation systems create incentives for employers to underreport by increasing costs for companies that show an increase in injuries. • Firms seeking government contracts may fear being denied a contract if their injury rate is too high. • OSHA’s reliance on injury rates in targeting inspections and measuring performance creates a clear incentive for employers not to record injuries. There also are many reasons why workers may not report an injury or illness to their employer: • Economic incentives can influence workers. Employer-implemented programs that offer financial rewards for individuals or departments for going a certain number of days without an injury may discourage workers from reporting. A recent report by the California State Auditor documented one such case where the use of economic incentives on the San Francisco-Oakland Bay Bridge project was identified as a likely cause of significant underreporting of injuries.6 • Employees do not want to be labeled as accident-prone. • Employers implement programs that discipline workers when they report an injury, discouraging workers from reporting. • Workers who apply for workers’ compensation often are looked upon as slackers; many others do not know how to use the workers’ compensation system. • Foreign-born workers, whether in the country legally or not, face additional barriers to reporting. They may not know how or to whom to report the injury. They may fear being fired or harassed or being reported to the Bureau of Citizenship and Immigration Services. Underreporting of workplace injuries and illnesses is not a new phenomenon. Numerous government-driven and independent studies have documented the problem of underreporting and made recommendations to correct it, yet little mention ever is made of underreporting when the BLS statistics are released. And officials at OSHA have largely ignored the issue of underreporting, continuing to rely on employer reports of workplace injuries as evidence that policies are working, despite evidence that this information is unreliable. Reliable data is needed to have an accurate picture of the true nature and toll of workplace injuries and illnesses, to develop policies and initiatives to address identified problems and to assess the effectiveness of efforts to reduce this toll and address safety and health hazards. Hopefully, this issue will receive increased attention by the 110th Congress as part of renewed oversight on job safety and health. 5 Azaroff, L.S., Levenstein, C., and Wegman, D.H. Occupational Injury and Illness Surveillance: Conceptual Filters Explain Underreporting. American Journal of Public Health, Vol. 92, No. 9, pp 1421-1429, September 2002. 6 California State Auditor, Bureau of State Audits. San-Francisco-Oakland Bay Bridge Worker Safety: Better State Oversight Is Needed to Ensure That Injuries Are Reported Properly and That Safety Issues Are Addressed. Report 2005-119. February 2006. Report available at http://www.bsa.ca.gov. 5 Cost of Occupational Injuries and Death The cost of occupational injuries and death in the United States is staggering. In March 2007, Liberty Mutual Insurance, the nation’s largest workers’ compensation insurance company, released its 2006 Workplace Safety Index on the leading causes and costs of compensable work injuries and illnesses based on 2004 data.7 The report revealed workplace injuries cost U.S. employers $48.6 billion – nearly $1 billion per week – in direct costs alone (medical and lost wage payments). Based on calculations used in its previous Safety Index, the Liberty Mutual data indicate businesses pay between $145.8 billion and $291.6 billion annually in direct and indirect (overtime, training and lost productivity) costs on workers’ compensation losses. (Indirect costs are estimated to be two to five times direct costs.)8 These figures are derived using disabling incidents (those resulting in an employee missing six or more days away from work). These cases represent only the most serious injuries; relying only on these cases significantly underestimates the overall cost of injuries and illnesses. Moreover, Liberty Mutual bases its cost estimates on BLS injury data. Thus all of the problems of underreporting in the BLS system apply to the Liberty Mutual cost estimates as well. OSHA ENFORCEMENT AND COVERAGE When it comes to job safety enforcement and coverage, it is clear that OSHA lacks sufficient resources to protect workers adequately. A combination of too few OSHA inspectors and low penalties makes the threat of an OSHA inspection hollow for too many employers. More than 8.6 million workers still are without OSHA coverage. OSHA’s resources remain inadequate to meet the challenge of ensuring safe working conditions for America’s workers. In FY 2006, there were at most 2,112 federal and state OSHA inspectors responsible for enforcing the law at approximately eight million workplaces.9 In FY 2006, the 818 federal OSHA inspectors conducted 38,589 inspections (194 fewer than in FY 2005), and the 1,294 inspectors in state OSHA agencies combined conducted 58,367 inspections (1,023 more than in FY 2005). At its current staffing and inspection levels, it would take federal OSHA 133 years to inspect each workplace under its jurisdiction just once. In seven states (Florida, Delaware, Mississippi, Louisiana, Georgia, Maryland, and South Dakota), it would take more than 150 years for OSHA to pay a single visit to each workplace. In 18 states, it would take between 100 and 149 years to visit each workplace once. Inspection frequency is better in states with OSHA-approved plans, yet still far from satisfactory. In these states, it would now take the state OSHA’s a combined 62 years to inspect each worksite under state jurisdiction once. The current level of federal and state OSHA inspectors provides one inspector for every 63,670 7 2006 Liberty Mutual Workplace safety Index. Report available at: http://www.wausau.com/omapps/ContentServer?cid=1078452376750&pagename=wcmInter%2FDocument%2FSho wDoc&c=Document 8 April 16, 2002 News Release, Liberty Mutual Research Institute for Safety. 9 This reflects the number of federal inspectors plus the number of inspectors reflected in the FY 2006 state plan grant applications. 6 workers. This compares to a benchmark of one labor inspector for every 10,000 workers recommended by the International Labor Organization for industrialized countries.10 In the states of Arkansas, Florida, Delaware, Nebraska, Georgia, Illinois, Louisiana, Mississippi and Texas, the ratio of inspectors to employees is greater than 1/100,000 workers. Federal OSHA’s ability to provide protection to workers has greatly diminished over the years. When the AFL-CIO issued its first report “Death on the Job: The Toll of Neglect” in 1992, federal OSHA could inspect workplaces under its jurisdiction once every 84 years, compared to once every 133 years at the present time. Since the passage of the OSHAct, the number of workplaces and number of workers under OSHA’s jurisdiction has more than doubled, while at the same time the number of OSHA staff and OSHA inspectors has been reduced. In 1975, federal OSHA had a total of 2,405 staff (inspectors and all other OSHA staff) responsible for the safety and health of 67.8 million workers at more than 3.9 million establishments. In 2005, there were 2,208 federal OSHA staff responsible for the safety and health of more than 131.5 million workers at 8.5 million workplaces. The number of employees covered by federal OSHA inspections dropped to 1.2 million in FY 2006, compared to 1.5 million in FY 2005. Between FY 1999 and FY 2006, the number of employees covered by federal OSHA inspections decreased by 34 percent. The average number of hours spent per inspection also decreased between FY 1999 and FY 2006, from 22 hours to 18.8 hours per safety inspection and from 40 hours to 34.4 hours per health inspection. In the state OSHA plans, in FY 2006, there were 2,446,918 employees covered by inspections, with safety inspections averaging 15.6 hours and health inspections 26.1 hours. Penalties for significant violations of the law remain low. In FY 2006, serious violations of the OSH Act carried an average penalty of only $881 ($873 for federal OSHA, $890 for state OSHA plans). A violation is considered “serious” if it poses a substantial probability of death or serious physical harm to workers. In FY 2006, Oregon continued to have the lowest average penalty for serious violations at $300, while California continued to have the highest average penalty at $5,398 per serious violation. The number of willful violations issued by federal OSHA dropped substantially from 726 in FY 2005 to 446 in FY 2006, however, it should be noted that 303 of these willful violations in FY 2005 were a result of the investigation of a March 2005 explosion at a BP Products Refinery plant in Texas that killed 15 workers. The average penalty per repeat violation increased in FY 2006 from the FY 2005 level. While the average penalty per serious violation remained the same in FY 2006 compared to FY 2005, the average penalty for a willful violation dropped substantially from FY 2005 ($43,294) to FY 2006 ($32,158). In the state OSHA plan states, in FY 2006, there were 153 willful violations issued, with an average penalty of $23,519, and 2,482 repeat violations with an average penalty of $1,916 per violation. 10 International Labor Office. Strategies and Practice for Labor Inspection, G.B.297/ESP/3. Geneva, November 2006. The ILO benchmark for labor inspectors is one inspector per 10,000 workers in industrial market economies. 7 In March 2003, federal OSHA announced an enhanced enforcement program (EEP) to focus on persistent violators. However, the policy relies primarily on enhanced oversight by OSHA or consultants. There are no provisions for enhanced penalties as part of the program. In FY 2006, there were 467 inspections involving EEP cases, compared to 593 EEP cases in FY 2005 and 313 EEP cases in FY 2004.11, 12 According to OSHA, in FY 2006, the Department of Labor referred eleven enforcement cases to the Justice Department for criminal prosecution. Under the OSHAct, an employer may be subject to criminal prosecution in cases where a willful violation results in a worker’s death.13 Every year more than 5,000 workers die on the job and thousands more die from illnesses caused by occupational exposures. Many of these deaths are determined by state and federal OSHA investigations to be due to employers’ reckless disregard for worker safety. But, as documented in a December 2003 series by The New York Times, prosecutions of recklessly negligent employers are extremely rare. Of the 170,000 workplace deaths since 1982, only 16 convictions involving jail time have resulted—although 1,242 cases involving work deaths were determined by OSHA to involve “willful” violations by employers (violations in which the employer knew that workers’ lives were being put at risk). Killing a worker is considered a misdemeanor under the OSHAct, with a maximum sentence of six months in jail. Even for willful violations, fines typically are less than $25,000. The New York Times’ analysis of OSHA data revealed that “companies whose willful acts kill workers face lighter sanctions than those who deliberately break environmental or financial laws.”14 In a review of 80 area incidents that killed or injured 80 workers where at least one serious citation for an OSHA violation was issued, the Kansas City Star reported that half the employers paid $3,000 or less in penalties.15 A September 2003 report by the Labor Department’s Office of the Inspector General concerning immigrant worker fatalities recommended OSHA evaluate the effectiveness of increasing the criminal charges under Section 17(e) of the OSH Act from a misdemeanor to a felony.16 To date, no such evaluation has been forthcoming from the agency. The Bush Administration has placed great emphasis on the expansion of OSHA’s voluntary programs. In particular, OSHA expanded its program of “alliances.” These alliances emphasize outreach, education and the promotion of safety and health. They have no set criteria and are less structured than OSHA’s other voluntary programs (such as consultation and partnerships). 11U.S. Department of Labor Fiscal Year 2008 Budget Justification of Appropriation Estimates for Committee on Appropriations, Volume II – OSHA. 12 “EEP Cases in FY 2005 Nearly Double over Previous Year’s Tally, OSHA Figures Show,” Bureau of National Affairs, Occupational Safety and Health Reporter, Volume 35, Number 48, December 8, 2005. 13 Statement of Edwin G. Foulke, Assistant Secretary, Occupational Safety and Health Administration, Before the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, Committee on Appropriations, U.S. House of Representatives, March 20, 2007. 14“When Workers Die: U.S. Rarely Seeks Charges for Deaths in Workplace,” The New York Times, David Barstow, Dec. 22, 2003. 15 “Discounted Lives: Workplace Deaths Can Devastate Families But Fines From OSHA Are Often Modest – If Employers Pay Them At All”, The Kansas City Star, Mike Casey, December 11, 2005. 16 DOL, Office of Inspector General, “Evaluation of OSHA’s Handling of Immigrant Fatalities in the Workplace”, Report No. 21-03-023-10-001, Sept. 30, 2003. 8 Most of the alliances are between OSHA and employer groups and have excluded unions from participation. In FY 2006, OSHA formed 100 new alliances and renewed 74 agreements. OSHA’s Voluntary Protection program (VPP) was also expanded with 188 new VPP sites approved, bringing the number of federal OSHA VPP sites to 1138.17 The current OSHA law still does not cover 8.6 million state and local government employees. Although these public employees encounter the same hazards as private-sector workers, in 21 states and the District of Columbia they are not provided with protection under the OSHAct. Similarly, millions who work in the transportation and agriculture industries and at Department of Energy contract facilities lack full protection under the OSHAct. These workers theoretically are covered by other laws, which in practice have failed to provide equivalent protection. The void in protection is particularly serious for flight attendants. The Federal Aviation Administration (FAA) has claimed legal jurisdiction for airline cabin crews but has refused to issue necessary workplace safety rules. Efforts by the FAA and OSHA initiated in 2000 to resolve this situation were jettisoned by the Bush Administration, which instead has announced a program limited to voluntary activities that will be overseen by the FAA. REGULATORY ACTION Rule making at OSHA has virtually ground to a halt under the Bush Administration. During its first term, the Administration moved to withdraw dozens of safety and health rules from the regulatory agenda, ceasing all action on the development of these important safety and health measures. Rules withdrawn at OSHA included measures on indoor air quality, safety and health programs, glycol ethers and lock-out of hazardous equipment in construction. At MSHA, 17 safety and health rules were withdrawn, including rules on mine rescue teams and self-contained self-rescuers. During its first five years, the Bush Administration failed to issue any significant safety and health rules, compiling the worst record on safety and health standards in OSHA and MSHA history. In February 2006, the Bush Administration issued its first major final OSHA rule – a standard on hexavalent chromium, issued as a result of a lawsuit brought against the agency by Public Citizen and PACE International Union (now part of the United Steelworkers). Under the court ruling, which ordered the agency to expedite the rule, a final standard was issued on February 28, 2006. The final hexavalent chromium rule is a very weak health standard with a permissible exposure limit (PEL) five times what was originally proposed by the agency; a level of exposure which by OSHA’s own admission will leave workers at a significant risk of developing cancer. The final standard also failed to cover hexavalent chromium found in Portland cement, weakened worker access to exposure monitoring results, scaled back worker training requirements, and 17 U.S. Department of Labor Fiscal Year 2008 Budget Justification of Appropriation Estimates for Committee on Appropriations, Volume II – OSHA. 9 gave employers four years to implement engineering controls to protect workers. A lawsuit has been filed by Public Citizen and the USW challenging a number of provisions in the standard that fail to provide workers adequate protection. In February 2007, a final standard updating OSHA’s electrical safety requirement was issued. This rule largely codified changes previously adopted in the National Electrical Code and NFPA standards that were already required by many states and localities. The rule addresses an important hazard, but with an economic impact of $9.6 million annually is well under the $100 million OMB threshold for an economically significant rule. For other rules on the OSHA regulatory agenda, there has been little or no action. A standard on Employer Payment for Personal Protective Equipment, which has been through the rule-making process, has languished for six years. This rule would require employers to pay for the safety equipment that must be provided by employers under OSHA standards. This rule is particularly important for low wage workers and immigrant workers who work in dangerous industries like meat-packing, poultry and construction. In April 2003 the AFL-CIO and eight other union organizations and the Congressional Hispanic Caucus petitioned for OSHA to issue the final payment for PPE standard. Despite repeated promises that final action was forthcoming, from 2004 to 2006 OSHA missed every announced target date for completion of the rule. On January 3, 2007, the AFL-CIO and the United Food and Commercial Workers (UFCW) filed suit in the U.S. Court of Appeals for the District of Columbia asking the court to intervene and order OSHA to act. In response to this lawsuit, OSHA has told the court that it will issue the PPE rule by the end of November 2007, barring unforeseen circumstances. However, the Administration has refused to commit to issue a final rule that is at least as protective as the proposal issued in 1999. There are five economically significant regulations still on the OSHA regulatory agenda: Crystalline Silica (in the pre-rule stage); Confined Spaces in Construction (proposed rule stage); Beryllium (pre-rule stage); Hearing Conservation for Construction Workers (long-term action with the next action undetermined) and Electric Power Transmission and Distribution (final rule stage, public hearings held in March 2006). But, there is no commitment from OSHA as to when and whether they will finalize these rules or will propose rules that are in the pre-rule or long- term action stages. There also has been no agency regulatory action to address newly identified hazards. In February 2007, OSHA denied a union petition for an emergency temporary standard to protect health care workers and emergency responders in the event of a flu pandemic on grounds that a pandemic had not yet occurred. The agency has also failed to respond to a petition for an emergency standard on the chemical diacetyl, a butter flavoring agent used in microwave popcorn and other foods, that has caused a rare and fatal lung disease (bronchilitis obliterans) in exposed workers. In contrast to federal OSHA, the state of California, which has received a similar petition, has moved quickly to draft an emergency diacetyl rule and has established a special emphasis surveillance and enforcement program in the flavoring industry. 10 MINE SAFETY AND HEALTH The year 2006 began with a major mine disaster – an explosion at the Sago mine in West Virginia that claimed the lives of 12 miners. Within a few weeks’ time, disasters at eight other mines claimed additional lives. And by the end of 2006, the toll was 47 coal miners killed on the job compared to 22 coal mine deaths in 2005. This series of mine fatalities brought renewed attention to mine safety, weaknesses in protections, the record of the Bush Administration and the improvements that are needed to prevent mining injuries and fatalities. In the wake of these tragedies, in June 2006 Congress enacted the first improvements in mine safety legislation since 1977 with enactment of the Mine Improvement and New Emergency Response Act of 2006 (MINER Act). The Mine Safety and Health Act is administered by the Mine Safety and Health Administration (MSHA) and applies to both underground and surface mines, and to both coal mines and other metal and non-metal mining operations (e.g., gold, lead, sand and gravel). The MSHAct requires a minimum of four inspections per year in underground mines, and two inspections per year for surface mines. The level of oversight in the mining industry is much greater than for those industries subject to OSHA, which does not provide for any mandatory routine inspections. The enhanced oversight and regulation under the MSHAct helped bring about reductions in mining fatalities and injuries. According to MSHA in 1977, there were 139 coal mine deaths among 237,506 coal miners. The number of coal mine deaths declined over the years and reached a low of 22 fatalities in 2005. But in 2006, that trend reversed, with 47 coal miners killed on the job – more than double than in 2005. The BLS injury survey shows that reported coal mine injuries have also declined from a rate of 12.4/100 for bituminous mining and 21.6/100 for anthracite mining in 1977, to 5.1/100 for all coal mining operations in 2005, the last year of available BLS injury data. Mine fatalities have also declined in metal and non-metal mines, from 234 deaths among 285,165 miners in 1977, to 25 deaths among 234,667 miners in 2006. According to BLS, the injury rate for metal mines declined from 7.4/100 in 1977 to 3.5/100 in 2005, and the injury rate in non-metal mines from 5.1/100 to 3.5/100. But the recent mine tragedies have raised serious concerns that safety and health conditions in the nation’s mines are deteriorating as there has been a push for production as coal demand and prices have increased. At the same time, the Bush Administration has pushed policies at MSHA, similar to those at OSHA, that promote voluntary compliance, close ties to industry, and limited regulation. Since 2001, the Bush Administration has made a practice of appointing mining industry officials to key positions at MSHA. Bush’s first MSHA Assistant Secretary David Lauriski was an executive at Energy West Mining, and two of his deputies came to MSHA from management positions in the mining industry. The current Bush appointee to head MSHA – Richard Stickler – whose appointment was opposed by the United Mine Workers and the AFL-CIO, comes from 11 decades of employment as a mine industry official. The Senate refused to act on the Stickler nomination, returning it to the White House twice. Despite this action, President Bush decided to appoint Stickler to the position through a recess appointment that allows him to serve until the end of the Congressional session in 2007. In its first term the Bush Administration, moved to change the regulatory priorities of MSHA. In 2001 and 2002, the Administration withdrew a total of 17 safety and health rules from the MSHA regulatory agenda. Among the rules withdrawn were measures on mine rescue teams, self-contained self-rescue devices, and flame resistant conveyor belts – measures that could have helped to prevent the deaths at the Sago mine and Alma mine in 2006. Instead of working on these important safety standards, the Bush Administration focused on rolling back existing protections. In coal mining, the Administration proposed to increase the amount of allowable coal dust and issued a rule to allow the use of coal conveyor belts as a source of mine ventilation – a practice prohibited under the MSHAct. In metal and non-metal mining, the Administration stayed the implementation of a rule reducing the amount of allowable diesel particulates issued by the Clinton Administration. After being sued by the United Steelworkers Union, MSHA agreed to implement the rule. On the enforcement side, the Bush Administration has promoted compliance assistance and voluntary compliance. From FY 2001 to FY 2005, the coal enforcement staff at MSHA was reduced from 1,233 to 1,043 positions and the coal enforcement budget cut by 9 percent in inflation adjusted terms. After the 2006 coal mine disasters, through emergency action the Congress increased the coal enforcement staff by 170 positions to 1,186 positions. Analyses of MSHA enforcement data conducted by Knight-Ridder in the aftermath of the Sago disaster found a 43 percent reduction in major fines during the first five years of the Bush Administration compared to the last five years of the Clinton Administration. The median fine for major violations under Bush was $27,139 compared to a median fine of $47,913 (inflation adjusted) during the Clinton Administration.18 But for most violations, the MSHA penalties are much lower, even for violations that are “serious and substantial” – violations that are reasonably likely to lead to serious injury or illness. At the Sago mine, MSHA inspection records show that prior to the January 2, 2006 explosion MSHA had issued 208 citations or orders against the mine in 2005, and 96 of these were for serious and substantial violations. But the average penalty assessed for these violations was only $156.19 The Sago disaster and subsequent fatal incidents spurred some immediate actions to address deficiencies in mine safety protections. The state of West Virginia enacted emergency legislation requiring additional oxygen, tracking and communications devices, enhanced training and immediate notification in the event of emergencies. The state of Kentucky passed legislation 18 “Knight-Ridder and MSHA Dispute Penalty Data from Agency’s Website”, Legal Publication Services, Mine Safety and Health News, January 23, 2006. 19 “Review of Federal Mine Safety and health Administration’s Performance from 2001 to 2005 Reveals Consistent Abdication of Regulatory and Enforcement responsibilities, United States House of Representatives, Committee on Education and the Workforce, Democratic Staff, January 31, 2006. 12 increasing the frequency of state inspections in underground coal mines and requiring coal operators to institute an accident prevention plan. In June 2006, the U.S. Congress enacted the Mine Improvement and New Emergency Response Act (MINER Act). The law requires coal operators to develop and implement an accident response plan that requires additional oxygen, improved communications and tracking, and enhanced training, and calls for these measures to be upgraded as new technology becomes available. It also requires ready availability of mine rescue teams and new stronger standards for sealing abandoned mine areas, and calls for research and recommendations on belt flammability and rescue chambers. It strengthens MSHA enforcement by enhancing penalties for flagrant violations and setting mandatory minimum penalties for the most serious of violations. MSHA has taken some action to implement some of the provisions of the MINER Act and to address other critical issues. In March 2006, the agency issued an emergency temporary standard to strengthen mine evacuation requirements, which made permanent in December. In July 2006, the agency strengthened requirements for alternative mine seals to withstand 50 psi of pressure (although subsequently NIOSH released a report that found explosives in sealed areas can create pressures of up to 650 psi). And, in March 2007 MSHA issued a rule increasing the civil penalties for significant and flagrant violations. But a comprehensive review of MSHA’s implementation of the MINER Act conducted by the House Committee on Education and Labor in February 2007 found that progress was proceeding too slowly.20 The report found that emergency evacuation still remains a serious problem with reliable self-contained self-rescuers still not available in many mines and evacuation training inadequate. Similarly, emergency communications systems and tracking devices are lacking and there is only limited action to install mine rescue chambers. Inadequate seals and the continued use of conveyer belt air as a source of ventilation continue to pose major hazards that put miners in great danger. THE JOB SAFETY BUDGET President George W. Bush’s proposed FY 2008 budget for worker safety and health programs reflects the Administration’s policies toward worker protection—it includes priorities and policies that favor employers over workers and voluntary compliance over enforcement. For FY 2008, the Bush Administration has proposed $490 million for OSHA, $313 million for MSHA and $253 million for NIOSH. 21 Adjusting for inflation, the FY 2008 proposed OSHA budget represents a $5 million cut compared to the FY 2006 appropriation. But since FY 2001, when the Bush Administration took office, the OSHA budget has been cut by $25 million in real dollar terms and the number of FTEs reduced by nearly 200 positions. Federal OSHA enforcement staffing levels have been cut 20 Implementation of the MINER Act Is Proceeding Too Slowly. An Interim Staff Report. Committee on Education and Labor, United States House of Representatives. February 27, 2007. 21 AFL-CIO Analysis of The Bush Administration's FY 2008 Budget: Department of Labor http://www.aflcio.org/issues/bushwatch/2008budget_dol.cfm 13 from 1,683 to 1,543 positions and staffing for the development of safety and health standards from 100 to 83 positions. During this time, the Bush Administration has favored employer voluntary efforts, increasing the budget for federal compliance assistance for employers by nearly $29 million ($6.8 million in real dollar terms) since FY 2001. In FY 2008, the Bush Administration proposes to totally eliminate funding for OSHA worker safety and health training and education programs, as it did in FY 2006 and FY 2007. (Indeed every year since taking office, the Administration has sought to slash or eliminate funding worker training). But each year the Congress rejected these proposed cuts and maintained funding for worker safety training programs. At the same time, the Administration has proposed increases in funding for compliance assistance programs for employers. In FY 2008, the budget proposes a $7 million increase in the federal compliance assistance program, most of it for an expansion of the Voluntary Protection Program, bringing proposed total funding for all compliance assistance programs to $134.1 million in FY 2008. For MSHA, for FY 2008 the Bush Administration proposes $313.5 million in funding compared to a total of $303.3 million appropriated in FY 2006 ($277.7 million through regular appropriations and $25.6 million in emergency funding following the Sago and other mine disasters). Adjusting for inflation, the FY 2008 proposed overall MSHA budget represents a $4.5 million cut over the FY 2006 appropriations. There is no increased funding requested in the FY 2008 MSHA budget proposal to issue new standards required by the new MINER Act, including rules on rescue teams, and enhanced communications. For the MSHA coal enforcement program, $140.7 million has been requested for FY 2008, compared to the total of $142.7 million appropriated in FY 2006. Compared to FY 2001, the coal enforcement program has seen an increase of $2 million (1.5 percent) in real dollar terms. This increase in funding followed years of funding reductions and was largely in response to the deaths of 47 coal miners in 2006. For MSHA’s Metal/Non-Metal enforcement activities, $72.3 million is requested for FY 2008, compared to $68.1 million appropriated in FY 2006, which represents a $1 million increase in real dollar terms. For FY 2008, the Bush Administration has proposed a $253 million budget for NIOSH—$166 million for program activity and $87 million to fund the National Occupational Research Agenda (NORA). This proposed budget would cut NIOSH’s funding by $1.5 million ($13.8 million in inflation-adjusted terms) over FY 2006 funding. SAFETY AND HEALTH LEGISLATION 110TH CONGRESS With the election of Democratic majorities in the House and the Senate in the 2006 election, the political landscape for worker safety and health has changed significantly. In the 110th Congress, the key committees with responsibility for safety and health are chaired by Senator Edward Kennedy (D-MA) and Rep. George Miller (D-CA), longtime strong supporters of worker safety and health protections, along with subcommittee chairs Senator Patty Murray (D-WA) and Rep. Lynn Woolsey (D-CA) who come from states with strong OSHA programs. Similarly, the 14 committees with responsibility for funding job safety programs are headed by strong supporters of these programs and worker protections. The safety and health agenda for this Congress is still unfolding, but it is clear that mine safety is a priority for both the House and Senate. The House Education and Labor Committee and Senate Appropriations Subcommittee on Labor, Health and Human Services, Education and related Agencies have held hearings on the state of mine safety and the Bush Administration’s implementation of the new MINER Act. Rep. George Miller and Senators Robert Byrd and Edward Kennedy have announced that vigorous oversight on mine safety will continue and that they are considering further legislation to strengthen mine safety protections. In addition to mine safety, there will be increased oversight on other important safety and health issues and the Bush Administration’s policies and programs. Already, oversight hearings have been held on the BP refinery explosion that killed 15 workers, and hearings have been scheduled on the failure of OSHA to issue new standards and the current state of job safety and health. With respect to safety and health legislation, Senator Kennedy and Rep. George Miller are expected to reintroduce the Protecting America’s Workers Act, a bill that addresses key deficiencies in the OSHA law. This legislation would strengthen OSHA by expanding coverage to uncovered workers, enhancing whistleblower protections, increasing penalties for serious and willful violations and strengthening the criminal penalty provisions of the OSHAct. In addition, a separate bill has been introduced by Rep. Rob Andrews (D-NJ) that would expand OSHA coverage to state and local public employees (H.R. 1517). On the Senate side, Senator Patty Murray (D-WA) has introduced legislation that would ban the future use of asbestos (S. 742). Though asbestos is subject to OSHA and EPA regulation, it is still being used in the United States putting workers and the public at unnecessary risk. It is likely that additional legislative proposals will be introduced as the new Congress conducts oversight and investigations of job safety programs and further develops its agenda for strengthening worker safety and health protections. 109TH CONGRESS OSHA “Reform” In July 2005, the House of Representatives passed four bills (H.R. 739, H.R. 740, H.R. 741 and H.R. 742) that would amend the Occupational Safety and Health Act and weaken OSHA enforcement. Introduced by Rep. Charles Norwood (R-GA), chair of the workforce protections subcommittee of the House Committee on Education and the Workforce Protections, these bills would make it more difficult for OSHA to enforce the law. These four bills were sent to the Senate combined into one package as H.R. 739, but no action was taken. In the Senate, Senator Mike Enzi (R-WY), then-chair of the Health, Education, Labor and Pensions Committee introduced legislation that would have weakened OSHA enforcement. S. 2065 – the Occupational Safety and Partnership Act – allowed employers to self-certify compliance through third party audits, and exempted these companies from OSHA first instance 15 penalties. This bill would also have authorized OSHA to penalize workers for failing to wear personal protective equipment. A companion bill, S. 2066 – the Occupational Safety Fairness Act – included the four bills passed by the House, as well as other provisions that would further undermine OSHA enforcement. A third bill, S. 2067, would have established a commission to examine the adoption of a globally harmonized system for hazard communication. In the wake of the coal mine disasters in 2006, the political environment was not conducive to legislative actions that would weaken safety and health protections, and these legislative proposals died with the end of the 109th Congress. With the Democrats taking control of the Congress in 2007, it is not expected that these legislative proposals will be revived. Asbestos Compensation Over the last several decades, repeated attempts have been made to enact federal legislation to address the issue of compensation for asbestos-related diseases. In recent years, as the asbestos disease crisis has grown, so have the number of asbestos personal injury claims along with the number of companies declaring bankruptcy due to their asbestos liability, these efforts have intensified. Beginning in 2002, efforts were initiated to reach a broad consensus on legislation to establish a federal asbestos trust fund to compensate victims of asbestos-related diseases. Progress was made on reaching agreement on consensus medical criteria for compensating asbestos disease victims. But business defendants, insurers and Republican senators refused to address the important issues of adequate funding and fair compensation for victims. As a result, the legislation (S. 1125 and S. 2290), introduced by Senators Orrin Hatch (R-UT) and Bill Frist (R- TN) and supported by industry groups, did not receive sufficient support to be considered by the Senate. In the 109th Congress there were renewed efforts to craft legislation, and on April 22, 2005, a new bill, the Fairness in Asbestos Injury Resolution Act of 2005 (S. 852) was introduced by Senators Arlen Specter (R-PA) and Patrick Leahy (D-VT) with bipartisan support. While the legislation, which would establish a federal asbestos trust fund, included some significant improvements over earlier proposals, S. 852 was still problematic. The bill eliminated coverage for thousands of asbestos-lung cancer victims (those with significant asbestos exposure but no underlying “markers” of nonmalignant asbestos disease). It also left most victims with no redress during the start-up period for the fund and failed to ensure that deserving victims will be treated fairly and receive compensation on a timely basis. The AFL-CIO opposed the legislation as introduced, and attempted to secure changes in the bill. However, as reported from committee, the legislation was still deficient. S. 852 was reported out of the Senate Judiciary Committee in June 2005 and brought to the Senate floor for consideration in February 2006. A substitute bill that would have established restrictive medical criteria for proceeding in the tort system was proposed by Senator John Cornyn (R-TX), but was rejected on a 70-27 vote. However, a budget point of order against S.852 due to its impact on the federal budget raised by Senator John Ensign (R-NV) was sustained on a vote of 58-41, returning the asbestos trust fund bill to the Judiciary Committee. The 109th Congress ended without any further action on the asbestos compensation bill. 16 Recently, Senator Specter, the lead sponsor of S. 852, has indicated that he is interested in moving forward with a pared down version of asbestos compensation legislation. But the new Democratic leaders in the Senate have strongly opposed proposed asbestos compensation legislation so it is unlikely that this type of legislation will move forward in the 110th Congress.  KEY SAFETY AND HEALTH CHALLENGES FOR 2007 The first term of the Bush Administration proved very difficult for workers and worker advocates; the second term is proving just as challenging. The Administration has demonstrated clearly that it has no commitment to addressing the major safety and health problems faced by America’s workers. It prefers instead to focus on employers’ push for less regulation and more voluntary programs. In its first term, the Bush Administration repealed the ergonomics standard and went back on its promise to seriously address the issue. After two one-year stays, it revoked provisions of the new OSHA record-keeping rule to prevent ergonomic injuries from being identified on the log of injuries and illnesses. Significant regulatory action at OSHA has virtually ground to a halt. The budgets proposed by President Bush continue to cut funding for worker safety training programs while increasing funding for voluntary compliance and employer assistance programs. Meanwhile, major safety and health problems remain and the toll of workplace injuries, illnesses and fatalities remains high. For some groups of workers, particularly Hispanic and foreign-born workers, the problems are especially bad, with workplace fatality and injury rates higher than for those of the workforce as a whole. Outlined below are some of the key safety and health challenges that must be addressed. Hispanic and Foreign-Born Worker Fatalities and Injuries Over the past two decades, the number of Hispanic and immigrant workers in the United States has increased significantly. The 2000 Census reported 35 million Hispanics living in the United States, comprising 12.5 percent of the U.S. population. More than 21 million are of working age. In 2003, immigrants made up 14 percent of the U.S. workforce. Immigrants account for nearly 50 percent of the net increase in the labor force during the second half of the 1990s. The increased representation of Hispanics and immigrants in the U.S. workforce has been accompanied by an increase in work-related fatalities and injuries among these groups. But this rise in fatalities and injuries has been disproportionate, with fatalities and injuries increasing at alarming rates. Immigrant workers face an epidemic of workplace injury and death and are at far greater risk of being killed or injured on the job than native-born workers. Although the share of foreign-born employment has increased by 22 percent between 1996 and 2000, the share of fatal occupational injuries for this population increased by 43 percent.22 22 AFL-CIO. Immigrant Workers At Risk: The Urgent Need for Improved Workplace Safety and Health Policies and Programs. August 2005. See report at http://www.aflcio.org/issues/safety/upload/immigrant_risk.pdf 17 Since 1992, when these data first were collected in the BLS Census of Fatal Occupational Injuries (CFOI), the number of fatalities among Hispanic workers has increased by 73 percent, from 533 fatalities in 1992 to 923 in 2005. At the same time, the overall number of workplace fatalities dropped from 6,217 in 1992 to 5,734 in 2005. The states with the highest number of Hispanic worker fatalities are Texas (200), California (190), and Florida (113). According to work done by CFOI and published in a 2003 National Research Council report, “Safety Is Seguridad,” Hispanic men have the greatest overall relative risk of fatal occupational injury of any gender or race/ethnicity group. While Hispanic men have a relative risk 22 percent higher than the relative risk for all men, Hispanic women have a relative risk comparable to the relative risks faced by white women. Relative risk is particularly high for Hispanic men in the mining and construction industries. In 2000, Hispanic construction workers made up less than 16 percent of the construction workforce, but they suffered 23.5 percent of the fatalities. In 2000, Hispanic construction workers were nearly twice as likely to be killed by occupational injuries as their non-Hispanic counterparts.23 BLS data also show increases in the number of injury and illness cases with days away from work suffered by Hispanic workers. Of the total injury and illness cases with days away from work, the percentage of injuries and illnesses among Hispanic workers has increased from 9.4 percent in 1995 to 13.2 percent in 2005. It should be noted that while it is mandatory to report the race of a worker when there is a fatality, it is not mandatory to record the race of an injured worker on the OSHA 300 logs or related injury reports. Fatalities among foreign-born workers (the CFOI does not use the term immigrant, but rather foreign-born) have followed a similar disturbing trend, increasing from 635 in 1992 to 1,035 in 2005. California, Texas and Florida had the greatest number of foreign-born worker fatalities in 2005, with 203, 135 and 119 deaths, respectively. Of the foreign-born workers who were fatally injured at work in 2005, 62 percent were Hispanic or Latino, 18 percent were white, 13 percent were Asian, native Hawaiian or Pacific Islander and 6 percent were Black or African American. Of the foreign-born workers who were injured fatally at work in 2005, 43 percent were from Mexico. Thirty percent of the foreign-born fatalities resulted from transportation incidents, 21 percent resulted from assaults and violent acts, 18 percent were a result of contact with objects and equipment and 18 percent resulted from falls. In February 2002, OSHA announced an initiative to address the increased safety and health risks of immigrant and Hispanic workers. But at the same time, the Administration has proposed terminating funding for worker training and outreach programs, many of which are targeted to these high-risk workers. Research by The Associated Press reporter Justin Pritchard found safety experts inside and outside OSHA who say the agency’s outreach efforts are well intentioned but beset by limited funding and a lack of Spanish-speaking staffers. According to OSHA, there are 121 federal compliance safety and health officers (OSHA inspectors) out of a total of 861 who 23 Xiuwen Dong, M.S., and James W. Platner, Ph.D., “Occupational Fatalities of Hispanic Construction Workers From 1992 to 2000,” American Journal of Industrial Medicine, Vol. 45, No. 1 (2004), pp. 45–54. 18 speak Spanish.24 In July 2006 officials from Immigration and Customs Enforcement (ICE), a part of the Department of Homeland Security, posed as officials from OSHA as part of a sting operation at Seymour Johnson Air Force Base in North Carolina. Construction workers were told to attend a mandatory OSHA meeting promising coffee and donuts. Instead, 48 immigrant workers were arrested and processed for deportation. Reaction to this outrageous misrepresentation of OSHA officials in the ICE sting operation was swift and vocal from the labor movement, members of Congress, immigrant organizations and professional associations, and OSHA itself who was not aware of ICE’s plans to pose as OSHA officials. At a time when injury and fatality rates among undocumented workers is soaring, ICE’s actions undermine OSHA’s mission of protecting all workers and erodes trust between government agencies with responsibilities to protect workers and immigrant communities. After much resistance by ICE, in March 2006 they announced that they would discontinue using undercover operations sting operations using safety and health programs as a ruse to deport undocumented immigrant workers. Ergonomics Ergonomic injuries still are the biggest job-safety hazard faced by workers. In 2005, musculoskeletal disorders accounted for almost one-third of all workplace injuries. The Bush Administration’s promised “comprehensive plan” to address ergonomic hazards has turned out to be a sham. Four years after killing the ergonomics standard, the Administration has issued just three final ergonomics guidelines—for the nursing home industry, retail grocery stores and poultry processing. Guidelines on ergonomics in shipbuilding are under development, but no date has been set for their issuance. There are currently no plans to issue guidelines for any of the 12 other industries for which the National Advisory Committee on Ergonomics recommended action in 2004. Since January 2001, federal OSHA has issued a total of 17 general duty clause citations for ergonomic hazards, with only one ergonomic citation issued in 2005 and no ergonomic citations issued in 2006. As long as the Bush Administration is in office, it is clear no new federal OSHA ergonomics standard will be issued and nothing else will be done to address seriously the biggest job-safety hazard workers face. At the state level, in Michigan, an Ergonomics Standard Advisory Committee continues to work on the development of an ergonomics standard under Michigan OSHA. In 2006, at industry’s urging the Michigan legislature passed legislation (H.B. 5447) to prohibit further work by the committee. The legislation was vetoed by Governor Jennifer Granholm on grounds that the advisory committee should be allowed to complete its work. The legislature also attempted to place budget restrictions to prohibit further work by the committee, which the Governor deemed “unconstitutional.” Pandemic Flu The threat of an influenza pandemic poses serious consequences to the health of the entire population of the United States and the world. If an influenza virus attains the ability to be easily 24 Conversation with Al Belsky, OSHA Office of Public Affairs, March 4, 2005. 19 transmitted from person to person, the impact could be devastating. Under some estimates, 30 percent of our entire population could become ill, with 10 million requiring hospitalization and 1.9 million resulting deaths. To respond effectively in a pandemic, millions of health care workers, firefighters, emergency medical services personnel, home health care workers and other responders will be needed to care for those who are ill from the virus. It is essential that we protect the health and safety of these workers so that they can care for those who are sick. In November 2005, the Department of Health and Human Services issued its Pandemic Influenza Plan. As initially issued, the plan’s infection control provisions were very weak, with dangerous and illegal respiratory protection guidance that recommended that workers wear surgical masks rather than NIOSH-certified respirators. In response to criticisms on the plan raised by occupational health professionals, unions and others, the Centers for Disease Control with the involvement of NIOSH developed revised recommendations for respiratory protection to protect health care workers against pandemic influenza. The revised guidance recommends the use of N-95 NIOSH approved respirators at a minimum for all individuals involved in direct patient care activities, and was incorporated into the HHS Pandemic Influenza Plan in October 2006. In December 2005, the American Federation of State, County and Municipal Employees (AFSCME) along with the AFL-CIO and other labor organizations petitioned OSHA to issue an emergency temporary standard to protect health care workers and other responders in the event of a pandemic. In February 2007, OSHA denied the petition claiming that an emergency standard was not warranted because “no human influenza virus exists at this time.” Instead of issuing an emergency standard, the Department of Labor instead has decided to rely on guidelines and recommendations. In February 2007, OSHA issued guidelines on “Preparing Workplaces for a Pandemic” and has stated that it intends to issue guidelines on protecting health care workers and responders in the near future. However, such guidelines are only advisory and there is no obligation for employers to implement them. Thus there is no means to ensure that comprehensive infection control plans and measures are developed and put in place before a pandemic occurs. The result is that millions of health care workers and responders remain in serious danger and will be unprotected if a pandemic occurs. World Trade Center-Related Health Problems The Sept. 11, 2001, terrorist attacks claimed the lives of nearly 3,000 people, injured thousands more and brought unparalleled grief and anguish to the nation. But soon after the 9/11 attacks, it became clear that those who died and were injured on that tragic day were not the only victims. More than 100,000 rescue and recovery workers – including firefighters, police, emergency medical technicians, workers in the building and construction trades, transit workers, and others– and hundreds of thousands of other workers and residents near Ground Zero were exposed to a toxic mix of dust and fumes from the collapse of the World Trade Center (WTC). These exposures were made worse by EPA’s pronouncements that the environment was safe and OSHA’s failure to enforce workplace safety and health requirements during rescue and recovery operations. Now many of these individuals, particularly the heroic responders who experienced very high exposures to toxins, are suffering from serious respiratory diseases and other health problems. 20 A study of Ground Zero first responders conducted by the Mount Sinai Medical Center found that nearly 70 percent had suffered new or worsened respiratory problems as a result of their WTC work. Reports published by the New York City Fire Department (FDNY) show that 90 percent of FDNY rescue workers suffered new respiratory problems, experiencing an average loss of 12 years of lung capacity. In addition, a high incidence of gastrointestinal and mental health problems have been found, and concern is growing about the development of cancers and other chronic diseases. Despite these widespread serious problems, the Bush Administration has been reluctant to acknowledge the growing 9/11 health crisis and to assist the victims. As a result of concerted efforts by the New York congressional delegation and labor, some funding was provided to establish medical monitoring and screening programs for rescue and recovery workers, but this funding has been inadequate. Until recently, no federal money was available for medical treatment. Even though these work-related diseases should be covered by workers’ compensation, the city of New York and private-sector insurance carriers have been contesting claims. Costs have been shifted to health insurers, many of them union funds, and to workers through co-pays and deductibles. But many workers who have become sick and are unable to work have lost their health insurance and income and have no way to pay for needed medical care. In addition, volunteers who worked at the WTC site have been denied compensation and disability benefits. These problems need to be addressed. In September 2006, the U.S. Department of Health and Human Services announced funding of $58 million for medical treatment for WTC responders to be administered through the Mt. Sinai consortium and FDNY. However, it is estimated that these funds will last only until July 2007, putting the programs for monitoring and medical treatment in jeopardy and leaving 9/11 responders with no place to turn for care. President Bush has included $25 million for medical monitoring and treatment programs in his fiscal year 2008 budget request. But this amount is far short of the estimated $250 million to $390 million that is needed annually to provide medical monitoring and treatment for those affected. A number of bills have been introduced in the Congress to provide medical monitoring and treatment to affected workers and residents, including proposals by Senator Hillary Rodham Clinton (D-NY) (S. 201), Representative Caroline Maloney (D-NY) (H.R. 1638) and Representative Jerrold Nadler (D-NY) (H.R. 1247 and 1414). Legislation has also been introduced to re-open the September 11 Victims Compensation Fund to provide monetary compensation to those who have become ill. Hearings have been held to examine the scope of the problem, and efforts are continuing to develop a long-term solution that will provide needed medical treatment on an ongoing basis and fair compensation. The attack on the World Trade Center was not an attack only on New York. It was an attack on the nation. Compelled by a moral obligation, the nation acted to compensate those injured in the collapse of the Twin Towers and in the attack on the Pentagon and the surviving families of those who were killed. This same moral obligation should compel the nation to meet the needs of 9/11 rescue and recovery workers and New York workers and residents who become ill because of their exposures to Ground Zero hazards. 21 Chemical Exposure Limits and Standards Occupational exposures to toxic substances pose a significant risk to millions of American workers. According to NIOSH, occupational diseases caused by exposure to these substances are responsible for an estimated 50,000 deaths each year. One of OSHA’s primary responsibilities is to set standards to protect workers from toxic substances. But since the OSHAct was enacted in 1970, OSHA has issued comprehensive health standards for only 27 substances. Most of these standards were set in the first two decades of the Act. In recent years, regulations for chemical hazards have ground to a halt. The last toxic substance standard that was issued on hexavalent chromium in 2006 came only as a result of a court order. The OSHA permissible exposure limits (PELs) in place under 29 CFR 1910.1000 that govern exposure for approximately 400 toxic substances were adopted in 1971 and codified the ACGIH Threshold Limit Values from 1968. Most of these limits were set by ACGIH in the 1940's and 1950's based upon the scientific evidence then available. Many chemicals now recognized as hazardous were not covered by the 1968 limits. In 1989 OSHA attempted to update these limits, but the revised rule was overturned by the courts because the agency failed to make the risk and feasibility determinations for each chemical as required by the Act. The result is that many serious chemical hazards are not regulated at all by federal OSHA or subject to weak and out-of- date requirements. Some states, including California and Washington, have done a better job updating exposure limits, and as a result workers in those states have much better protection against exposure to toxic substances. In recent years the American Industrial Hygiene Association (AIHA), major industry groups and labor attempted to reach agreement on a new approach to update permissible exposure limits through a shorter process that would allow quick adoption of new limits that were agreed upon by consensus. Unfortunately those efforts stalled when small business groups objected to an expedited process that would apply to a large number of chemicals and the Bush Administration refused to take a leadership role in developing and advancing an improved process for setting updated exposure limits. Last year, the state of California, moved to establish a new process for updating chemical exposure limits, that utilizes a two-part advisory committee process to recommend revised or new permissible exposure limits. This process is similar to the draft proposal developed by the AIHA, groups representing larger employers and labor to establish exposure limits through an expedited review process. The American Industrial Hygiene Association had identified updating OSHA permissible exposure limits as a top public policy priority for 2007. Hopefully, the new Democratic Congress will focus attention on this issue and advance legislation that will update exposure limits for toxic chemicals and improve the process for keeping these limits up to date in the future Work Organization Long hours of work and the way work is organized are emerging as major safety and health issues affecting workers across many industries and occupations. The International Labor 22 Organization (ILO) reports that hours worked annually in the United States have been increasing steadily over the past couple of decades. Workers in the United States now work more hours than workers in most of Western Europe and Japan. According to the Bureau of Labor Statistics, more than one-quarter of workers in the mining, manufacturing and wholesale trade industries work more than 40 hours per week. Many workers are forced to work the overtime hours under threat of reprisal if they refuse. Evidence that long hours of work cause injuries and illnesses is growing. Working more than eight hours in a day or 40 hours in a week can result in an increase in work-related injuries, and the risk appears to be higher for the evening and night shifts compared with the day shift. Excessive overtime also is associated with increased risk of experiencing heart attacks, increased blood pressure, unhealthy weight gain, increased alcohol use and smoking and deterioration in job performance. The ways in which work is performed and is being restructured also are emerging as a potential safety and health hazard for workers. Work organization includes such elements as the pace of work, number of people performing the job (staffing levels), hours and days on the job, amount and length of rest breaks, workload, layout of the work and skills of those workers on the job. New forms of work organization can increase exposure to physical hazards and elevate the level of psychological stress. Work organization changes, such as machine-paced work, inadequate work-rest cycles, time pressures and repetitive work are associated with musculoskeletal disorders, increases in blood pressure and risks of cardiovascular mortality. In the health care industry, organizational changes associated with a shortage of nurses, resulting in long hours of work and high patient-to-nurse hospital staffing ratios, have been linked to increases in needle injuries and near misses, nurse burnout and elevated surgical patient mortality. In response to these adverse consequences, nine states have passed legislation placing limits on the amount of mandatory overtime nurses or health care workers can be forced to work (Connecticut, Maine, Maryland, Minnesota, New Hampshire, New Jersey, Oregon, Washington and West Virginia). California was the first state to established nurse-to-patient hospital staffing ratios, despite an unsuccessful attempt by GOP Governor Arnold Schwarzenegger to delay implementation. New Jersey and New York passed bills in 2005 requiring hospitals to report on their staffing levels and make the information available to the public. Another important initiative to protect health care workers – a safe patient lifting law – was enacted in March 2006 in the state of Washington. The law requires hospitals to establish a safe patient handling program and to purchase lifting equipment to move patients. The law also calls for worker training on lifting policies, creation of lift teams, and an annual evaluation of the lifting program to determine its effectiveness. This law is an important step in addressing a major hazard faced by health care workers. The move toward behavior-based safety programs, incentive programs and injury discipline programs presents another major challenge. These programs attempt to shift the responsibility for injuries and job safety to workers instead of focusing on workplace hazards. The 2001 OSHA record-keeping standard included language that prohibits employers from discriminating against an employee for reporting a work-related fatality, injury or illness. This language also 23 protects employees who file a safety and health complaint, ask for safety and health records or otherwise exercise any rights afforded by the OSHAct. In 2002, the national OSHA office issued a memo to its regional administrators and whistleblower staff reiterating this point and making it clear that reporting an injury or illness is protected activity. WHAT NEEDS TO BE DONE Very simply, workers need more job safety and health protection. The Bush Administration’s lack of regulation and increased attention to employer assistance and voluntary compliance comes at the expense of worker safety and health. The OSHAct needs to be strengthened to make it easier to issue safety and health standards and to make the penalties for violating the law tougher. Workers need to be given a real voice in the workplace and real rights to participate in safety and health as part of a comprehensive safety program to identify and correct hazards. Coverage should be extended to the millions of workers who fall outside the Act’s protection. Immediate action is needed to implement the provisions of new mine safety legislation to protect miners in the event of an emergency and to increase penalties for serious and repeated violations. Dangerous practices like the use of belt air for coal mine ventilation and the use of alternative mine seals must be prohibited. An OSHA standard still is needed to protect workers from ergonomic hazards and crippling repetitive strain injuries and back injuries, which continue to represent the most significant job- safety problem in the nation. OSHA needs to keep up with new hazards that face workers as workplaces and the nature of work change. Hazardous conditions in the service sector and in retail trade need greater attention. OSHA and MSHA need additional funding to develop and enforce standards and to expand worker safety and health training. Similarly, additional funds are needed for NIOSH to support enhanced research on safety and health problems. Only with these real reforms and improvements in law will the promise of a safe job for all of America’s workers finally be fulfilled. 24 NATIONAL SAFETY AND HEALTH OVERVIEW 25 Workplace Fatalities Since the Passage of OSHA 1, 2 Year Work Deaths Employment (000)3 Fatality Rate4 1970........ 13,800 77,700 18 1971........ 13,700 78,500 17 1972........ 14,000 81,300 17 1973........ 14,300 84,300 17 1974........ 13,500 86,200 16 1975........ 13,000 85,200 15 1976........ 12,500 88,100 14 1977........ 12,900 91,500 14 1978........ 13,100 95,500 14 1979........ 13,000 98,300 13 1980........ 13,200 98,800 13 1981........ 12,500 99,800 13 1982........ 11,900 98,800 12 1983........ 11,700 100,100 12 1984........ 11,500 104,300 11 1985........ 11,500 106,400 11 1986........ 11,100 108,900 10 1987........ 11,300 111,700 10 1988........ 10,800 114,300 9 1989........ 10,400 116,700 9 1990........ 10,500 117,400 9 1991........ 9,900 116,400 9 19922....... 6,217 117,000 7 1993........ 6,331 118,700 8 1994........ 6,632 122,400 5 1995........ 6,275 126,200 5 1996....... 6,202 127,997 4.8 1997........ 6,238 130,810 4.7 1998........ 6,055 132,684 4.5 1999........ 6,054 134,666 4.5 2000……. 5,920 136,377 4.3 2001……. 5,915* 136,252 4.3 2002……. 5,534 137,700 4.0 2003……. 5,575 138,928 4.0 2004……. 5,764 140,411 4.1 2005……. 5,734 142,894 4.0 1Fatality information for 1971-1991, from National Safety Council Accident Facts, 1994. 2 Fatality information for 1992 to 2004 is from the Bureau of Labor Statistics, Census of Fatal Occupational Injuries. In 1994, the National Safety Council changed their reporting method for workplace fatalities and adopted the BLS count. The earlier NSC numbers are based on an estimate, the BLS numbers are based on an actual census. 3 Employment is an annual average of employed civilians 16 years of age and older from the Current Population Survey, adjusted to include data for resident and armed forces from the Department of Defense. 4 Deaths per 100,000 workers. * Excludes fatalities from the events of September 11, 2001. 27 28 WORKPLACE FATALITY RATES BY INDUSTRY SECTOR, 1970 - 2002 1,2 Year Fat. Rate Fat. Rate Fat. Rate Fat. Rate Fat. Rate Fat. Rate Fat. Rate Fat. Rate Fat. Rate Fat. Rate All Ind. Mfg. Const. Mining Gov’t Agric. Trans/Util. Trade Service Finance 1970 18 9 69 100 13 64 N/A N/A N/A N/A 1971 17 9 68 83 13 63 N/A N/A N/A N/A 1972 17 9 68 100 13 58 N/A N/A N/A N/A 1973 17 9 56 83 14 58 38 8 11 N/A 1974 16 8 53 71 13 54 35 7 10 N/A 1975 15 9 52 63 12 58 33 7 10 N/A 1976 14 9 45 63 11 54 31 7 9 N/A 1977 14 9 47 63 11 51 32 6 8 N/A 1978 14 9 48 56 11 52 29 7 7 N/A 1979 13 8 46 56 10 54 30 6 8 N/A 1980 13 8 45 50 11 56 28 6 7 N/A 1981 13 7 42 55 10 54 31 5 7 N/A 1982 12 6 40 50 11 52 26 5 6 N/A 1983 12 6 39 50 10 52 28 5 7 N/A 1984 11 6 39 50 9 49 29 5 7 N/A 1985 11 6 40 40 8 49 27 5 6 N/A 1986 10 5 37 38 8 55 29 4 5 N/A 1987 10 5 33 38 9 53 26 5 6 N/A 1988 10 6 34 38 9 48 26 4 5 N/A 1989 9 6 32 43 10 40 25 4 5 N/A 1990 9 5 33 43 10 42 20 4 4 N/A 1991 8 4 31 43 11 44 18 3 4 N/A 1992 8 4 24 29 12 37 20 4 3 N/A 1993 8 4 22 25 11 24 13 2 2 N/A 1994 5 4 15 27 3 26 12 2 2 N/A 1995 5 3 15 25 4 22 12 3 2 2 1996 4.8 3.5 13.9 26.8 3.0 22.2 13.1 3.1 2.2 1.5 1997 4.7 3.6 14.1 25.0 3.2 23.4 13.2 3.4 2.0 1.2 1998 4.5 3.3 14.5 23.6 3.0 22.3 11.8 2.7 2.0 1.1 1999 4.5 3.6 14.0 21.5 2.8 24.1 12.7 2.7 1.9 1.2 2000 4.3 3.3 12.9 30.0 2.8 20.9 11.8 3.0 2.0 0.9 2001 4.3 3.2 13.3 30.0 3.1 22.8 11.2 2.7 1.9 1.0 2002 4.0 3.1 12.2 23.5 2.7 22.7 11.3 2.5 1.7 1.0 1 Data for 1970-1993 is from the National Safety Council, Accident Facts, 1994. Fatality information for 1994 to 2002 is from the Bureau of Labor Statistics, Census of Fatal Ocupational Injuries (CFOI). In 1994, the National Safety Council changed their reporting method for workplace fatalities and adopted the BLS count. The earlier NSC numbers are based on an estimate, the BLS numbers are based on an actual census. Beginning with 2003, CFOI began using the North American Industry Classification (NAICS) for industries. Prior to 2003, CFOI used the Standard Industrial Classification (SIC) System. The substantial differences between these systems result in breaks in series for industry data. 2 Deaths per 100,000 workers. Workplace Fatality Rates* by Industry Sector, 2003 - 2005 2003 2004 2005 Fatality Rate, All Industries 4.0 4.1 4.0 Natural resources and mining Agriculture, forestry, fishing and hunting 31.2 30.5 32.5 Mining 26.9 28.3 25.6 Construction 11.7 12.0 11.0 Manufacturing 2.5 2.8 2.4 Trade, transportation and utilities Wholesale trade 4.2 4.5 4.4 Retail trade 2.1 2.3 2.4 Transportation and warehousing 17.5 18.0 17.6 Utilities 3.7 6.1 3.6 Information 1.8 1.7 2.1 Financial Activities 1.4 1.2 1.0 Professional and business services 3.3 3.3 3.5 Educational and health services 0.8 0.8 0.8 Leisure and hospitality 2.4 2.2 1.8 Other services, except public administration 2.8 3.0 3.0 Government 2.5 2.5 2.4 Note: Beginning with the 2003 reference year, both CFOI and the Survey of Occupational Injuries and Illnesses began using the 2002 North American Industry Classification System (NAICS) for industries. Prior to 2003, the surveys used the Standard Industrial Classification (SIC) system. The substantial differences between these systems result in breaks in series for industry data. Source: U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries. * Deaths per 100,000 workers 29 30 Occupational Fatalities by Industry, 2005 Private Sector, Government and Self Employed (Total Fatalities 5,734) Government 514 Other services 208 9% Agriculture, forestry, fishing 4% and hunting 714 13% Leisure and hospitality 210 4% Mining 159 Health care and social 3% assistance 104 2% Educational services 45 1% Professional and business services 481 Construction 1,186 8% 21% Financial activities 98 2% Information 67 1% Utilities 30 1% Manufacturing 393 7% Transportation and warehousing 881 Wholesale trade 204 15% Retail trade 397 4% 7% Note: Percentages may not add to totals because of rounding. Source: U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005 31 Selected Occupations with High Fatality Rates, 2005 (Per 100,000 Workers) National Fatality Rate = 4.0 Fishers and related fishing workers 118.4 Logging workers 92.9 Aircraft pilots and flight engineers 66.9 Structural Iron & Steel Workers 55.6 Refuse & Recyclable Material Collectors 43.8 Farmers & Ranchers 41.1 Electrical powerline installers and repairers 32.7 Drivers/Sales workers and truck drivers 29.1 Miscellaneous agricultural workers 23.2 Construction laborers 22.7 0.0 25.0 50.0 75.0 100.0 125.0 Source: U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. Fatal Work Injuries By Race, 1992 - 2005 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 1 2002 2003 2004 2005 Total Fatalities 6,217 6,331 6,632 6,275 6,202 6,238 6,055 6,054 5,920 5,900 5,534 5,575 5,764 5,734 White 4,711 4,665 4,954 4,599 4,586 4,576 4,478 5,019 4,244 4,175 3,926 3,988 4,066 3,977 Black or African American 618 649 695 684 615 661 583 627 575 565 491 543 546 584 Hispanic 533 634 624 619 638 658 707 730 815 895 841 794 902 923 Asian or Pacific Islander 169 190 179 161 170 195 148 192 185 182 140 158 180 163 American Indian or Alaskan Native 36 46 39 27 35 34 28 57 33 48 40 42 28 50 Other Races/Not Reported 150 147 141 185 158 114 111 146 68 50 96 50 42 35 Source: U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 1992-2005. 1 Excludes September 11 fatalities. 33 Number of Fatal Occupational Injuries to Hispanic or Latino Workers, 1992-2005 1000 923 895 902 900 841 815 794 800 730 707 700 658 634 624 638619 600 533 500 400 300 200 100 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Source: U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries Rate1 of Fatal Occupational Injuries to Hispanic or Latino Workers, 1995-2005 7 6.0 6 5.6 5.4 5.3 5.1 5.2 5.25.0 5.0 5.0 5 4.8 4.94.7 4.5 4.5 4.5 4.3 4.3 4.0 4.0 4.1 4.0 4 3 2 1 0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Hispanic Fatality Rate National Fatality Rate 1 Incidence rate represents the number of fatalities per 100,000 workers. Source: Census of Fatal Occupational Injuries, Bureau of Labor Statistics, U.S. Department of Labor. Occupational Injuries and Illnesses Since the Passage of OSHA1 Occupational Injury and Illness Incidence Rates Private Sector, 1972-2005 (Per 100 Workers) Cases with Days Away from Work, Job Transfer or Restriction1 Year Total Case Rate Total Cases with Days Away Cases with Job Transfer From Work or Restriction 1972........ 10.9 3.3 N/A N/A 1973........ 11.0 3.4 N/A N/A 1974........ 10.4 3.5 N/A N/A 1975........ 9.1 3.3 N/A N/A 1976........ 9.2 3.5 3.3 0.2 1977........ 9.3 3.8 3.6 0.2 1978........ 9.4 4.1 3.8 0.3 1979........ 9.5 4.3 4.0 0.3 1980........ 8.7 4.0 3.7 0.3 1981........ 8.3 3.8 3.5 0.3 1982........ 7.7 3.5 3.2 0.3 1983........ 7.6 3.4 3.2 0.3 1984........ 8.0 3.7 3.4 0.3 1985........ 7.9 3.6 3.3 0.3 1986........ 7.9 3.6 3.3 0.3 1987........ 8.3 3.8 3.4 0.4 1988........ 8.6 4.0 3.5 0.5 1989........ 8.6 4.0 3.4 0.6 1990........ 8.8 4.1 3.4 0.7 1991........ 8.4 3.9 3.2 0.7 1992........ 8.9 3.9 3.0 0.8 1993........ 8.5 3.8 2.9 0.9 1994........ 8.4 3.8 2.8 1.0 1995........ 8.1 3.6 2.5 1.1 1996........ 7.4 3.4 2.2 1.1 1997........ 7.1 3.3 2.1 1.2 1998........ 6.7 3.1 2.0 1.2 1999........ 6.3 3.0 1.9 1.2 2000……. 6.1 3.0 1.8 1.2 2001……. 5.7 2.8 1.7 1.1 2002……. 5.3 2.8 1.6 1.2 2003……. 5.0 2.6 1.5 1.1 2004……. 4.8 2.5 1.4 1.1 2005……. 4.6 2.4 1.4 1.0 Source: Department of Labor, Bureau of Labor Statistics. Data not available for 1971. 1 Through 2001, this column reflected Lost Workday Cases, with subcolumns, Total; Cases involving Days Away from Work; and Cases Involving Restricted Activity Only. This new heading reflects changes made in the Recordkeeping standard, which became effective January 1, 2002. 35 36 WORKPLACE INJURY AND ILLNESS RATES BY INDUSTRIAL SECTOR 1973 - 2002 1 Per 100 Full Time Workers Total Case Total Case Total Case Total Case Total Case Total Case Total Case Total Case Total Case Rate Rate Rate Rate Rate Rate Rate Rate Rate Year All Ind. Mfg. Const. Mining Finance Agric. Trans./Util. Trade Service 1973 11.0 15.3 19.8 12.5 2.4 11.6 10.3 8.6 6.2 1974 10.4 14.6 18.3 10.2 2.4 9.9 10.5 8.4 5.8 1975 9.1 13.0 16.0 11.0 2.2 8.5 9.4 7.3 5.4 1976 9.2 13.2 15.3 11.0 2.0 11.0 9.8 7.5 5.3 1977 9.3 13.1 15.5 10.9 2.0 11.5 9.7 7.7 5.5 1978 9.4 13.2 16.0 11.5 2.1 11.6 10.1 7.9 5.5 1979 9.5 13.3 16.2 11.4 2.1 11.7 10.2 8.0 5.5 1980 8.7 12.2 15.7 11.2 2.0 11.9 9.4 7.4 5.2 1981 8.3 11.5 15.1 11.6 1.9 12.3 9.0 7.3 5.0 1982 7.7 10.2 14.6 10.5 2.0 11.8 8.5 7.2 4.9 1983 7.6 10.0 14.8 8.4 2.0 11.9 8.2 7.0 5.1 1984 8.0 10.6 15.5 9.7 1.9 12.0 8.8 7.2 5.2 1985 7.9 10.4 15.2 8.4 2.0 11.4 8.6 7.4 5.4 1986 7.9 10.6 15.2 7.4 2.0 11.2 8.2 7.7 5.3 1987 8.3 11.9 14.7 8.5 2.0 11.2 8.4 7.4 5.5 1988 8.6 13.1 14.6 8.8 2.0 10.9 8.9 7.6 5.4 1989 8.6 13.1 14.3 8.5 2.0 10.9 9.2 8.0 5.5 1990 8.8 13.2 14.2 8.3 2.4 11.6 9.6 7.9 6.0 1991 8.4 12.7 13.0 7.4 2.4 10.8 9.3 7.6 6.2 1992 8.9 12.5 13.1 7.3 2.9 11.6 9.1 8.4 7.1 1993 8.6 12.1 12.2 6.8 2.9 11.2 9.5 8.1 6.7 1994 8.4 12.2 11.8 6.3 2.7 10.0 9.3 7.9 6.5 1995 8.1 11.6 10.6 6.2 2.6 9.7 9.1 7.5 6.4 1996 7.4 10.6 9.9 5.4 2.4 8.7 8.7 6.8 6.0 1997 7.1 10.3 9.5 5.9 2.2 8.4 8.2 6.7 5.6 1998 6.7 9.7 8.8 4.9 1.9 7.9 7.3 6.5 5.2 1999 6.3 9.2 8.6 4.4 1.8 7.3 7.3 6.1 4.9 2000 6.1 9.0 8.3 4.7 1.9 7.1 6.9 5.9 4.9 2001 5.7 8.1 7.9 4.0 1.8 7.3 6.9 5.6 4.6 2002 5.3 7.2 7.1 4.0 1.7 6.4 6.1 5.3 4.6 1 Beginning with the 2003 reference year, the Survey of Occupational Injuries and Illnesses began using the North American Industry Classification System (NAICS) for industries. Prior to 2003, the survey used the Standard Industrial Classification (SIC) System. The substantial differences between these systems result in breaks in series for industry data. Source: Bureau of Labor Statistics, Incidence Rates of Nonfatal Occupational Injuries and Illnesses by Industry Division, 1973-2002. Workplace Injury and Illness Rates* by Industry Sector, 2003-2005 2003 2004 2005 Total Case Rate, Private Industry 5.0 4.8 4.6 Natural resources and mining 5.1 5.3 5.1 Agriculture, forestry, fishing and hunting 6.2 6.4 6.1 Mining 3.3 3.8 3.6 Construction 6.8 6.4 6.3 Manufacturing 6.8 6.8 6.3 Trade, transportation and utilities 5.5 5.5 5.2 Wholesale trade 4.7 4.5 4.5 Retail trade 5.3 5.3 5.0 Transportation and warehousing 7.8 7.3 7.0 Utilities 4.4 5.2 4.6 Information 2.2 2.0 2.1 Financial activities 1.7 1.6 1.7 Professional and business services 2.5 2.4 2.4 Educational and health services 6.0 5.8 5.5 Leisure and hospitality 5.1 4.7 4.7 Other services, except public administration 3.4 3.2 3.2 Note: Beginning with the 2003 reference year, both CFOI and the Survey of Occupational Injuries and Illnesses began using the 2002 North American Industry Classification System (NAICS) for industries. Prior to 2003, the surveys used the Standard Industrial Classification (SIC) system. The substantial differences between these systems result in breaks in series for industry data. Source: U.S. Department of Labor, Bureau of Labor Statistics. * Cases per 100 workers. 37 38 Industries with the Highest Total Injury & Illness Rates, 2005 Private Industry (Per 100 Workers) Private Industry Overall = 4.6 Beet sugar manufacturing 18.3 Light truck and utility vehicle manufacturing 17.8 Iron foundries 17.1 Truck trailer manufacturing 16.8 Prefabricated wood building manufacturing 14.3 Travel trailer and camper manufacturing 14.1 Flat glass manufacturing 13.6 Framing contractors 13.4 Truss manufacturing 13.3 Aluminum foundries (except diecasting) 13.3 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 Source: U.S. Department of Labor, Bureau of Labor Statistics. 39 Nonfatal Occupational Injuries and Illnesses With Days Away from Work by Event or Exposure, 2005 Assaults and violent acts 21,470 Transportation accidents 2% Repetitive motion 43,790 61,170 4% Bodily reaction 133,550 5% 11% Exposure to harmful substance 51,860 4% Overexerertion 298,130 24% Slips, trips 36,150 3% Fall on same level 167,180 14% Contact with object, equipment 338,080 27% Fall to lower level 79,310 6% Source: U.S. Department of Labor, Bureau of Labor Statistics Number of Injury and Illness Cases with Days Away from Work1 Among Hispanic Workers, 1995 - 2005 Percent of Total Number of Hispanic Injury and Illness Year Worker Cases Cases 1995 191,665 9.4 1996 169,300 9.0 1997 187,221 10.2 1998 179,399 10.4 1999 182,896 10.7 2000 186,029 11.2 2001 191,959 12.5 2002 2 180,419 12.6 2003 3 161,330 12.3 2004 3 164,390 13.1 2005 3 163,440 13.2 Source: U.S. Department of Labor, Bureau of Labor Statistics. Note: Due to the revised recordkeeping rule, which became effective January 1, 2002, the estimates from the 2002 BLS Survey of Occupational Injuries and Illnesses are not comparable with those from previous years. Among the changes that could affect comparisons are: changes to the list of low-hazard industries that are exempt from recordkeeping, employers are no longer required to record all illnesses regardless of severity, there is a new category of injuries/illnesses diagnosed by a physician or health care professional, changes to the definition of first aid, and days away from work are recorded as calendar days. For a complete list of the major changes, see the OSHA website at: http/www.osha.gov/recordkeeping/Rkmajorchanges.html. 1 Days away from work include those which result in days away from work with or without restricted work activity. They do not include cases involving only restricted work activity. 2 Days away from work cases include those that result in days away from work with or without job transfer or restriction. 3 Classification of workers by race and ethnicity was revised in 2003 to conform to other government data. One result of this revision is that individuals may be categorized in more than one race or ethnic group. Cases reflected here are for those who reported Hispanic or Latino only and Hispanic or Latino and other race. Race and ethnicity data reporting is not mandatory in the BLS Survey of Occupational Injuries and Illnesses. This resulted in 30 percent of the cases not reporting race and ethnicity in 2003, 2004, and 2005. 40 41 Estimated1 and Reported Cases of Musculoskeletal Disorders, 1992 - 2005* MSD Cases with Days MSD Cases with Job MSDs Involving Total MSD Away from Work, Job Transfer or Days Away from Percent of Cases Year Cases 1 Transfer or Restriction 1,2 Restriction 1,3 Work 4 Involving MSDs 2005 1,264,260 655,440 285,030 375,540 30.0% 2004 1,362,336 712,000 309,024 402,700 32.0% 2003 1,440,516 759,627 325,380 435,180 33.0% 2002 1,598,204 848,062 359,788 487,915 34.0% 2001 1,773,304 870,094 347,310 522,500 34.0% 2000 1,960,585 954,979 377,165 577,814 34.7% 1999 1,951,862 938,038 355,698 582,340 34.2% 1998 2,025,598 950,999 358,455 592,544 34.2% 1997 2,101,795 980,240 353,888 626,352 34.2% 1996 2,146,182 974,380 327,025 647,355 34.4% 1995 2,242,211 1,013,486 317,539 695,800 34.1% 1994 2,287,212 1,034,618 278,647 755,600 33.8% 1993 2,283,979 1,005,949 242,351 762,700 33.9% 1992 2,284,598 992,342 209,093 784,100 33.6% Source: U.S. Department of Labor, Bureau of Labor Statistics 1 Total MSD cases, MSD days away, job transfer or restriction cases, and MSD job transfer or restriction cases are estimated based upon the percentage of MSD cases reported by BLS for the total days away from work cases involving MSDS. 2 Through 2001, this column was titled Total MSD Lost Workday Cases. The new title reflects the change in the Recordkeeping standard which went into effect January 1, 2002. Lost workday cases were defined as those that involve days away from work, days of restricted work activity, or both. They do not include cases involving only restricted work activity. 3 Through 2001, this column was titled MSD Cases with Days of Restricted Activity. The new title reflects the change in the Recordkeeping standard which went into effect January 1, 2002. 4 Days-away-from-work cases include those which result in days away from work with or without job transfer or restriction. Prior to 2002, days away from work cases include those which result in days away from work or without restricted work activity. They do not include cases involving only restricted work activity. * These figures are based on employer reported cases of MSD's provided to BLS. The number of cases shown here do not reflect the impact of under- reporting which would significantly increase the true toll of MSD's occuring among workers. OSHA has estimated that for every reported MSD, two MSD's go unreported. Occupations with Highest Numbers of Nonfatal Occupational Injuries and Illness with Days Away from Work1 Involving Musculoskeletal Disorders2 , 2005 Occupation Number of MSDs Laborers and freight, stock, and material movers, hand 32,100 Nursing aides, orderlies and attendants 28,920 Truck drivers, heavy and tractor, trailer 18,330 Truck drivers, light or delivery services 11,760 Janitor and cleaners, except maids and housekeeping cleaners 10,470 Retail Salespersons 9,800 Stock clerks and order fillers 9,600 Registered nurses 9,060 Construction laborers 8,540 Maintenance and repair workers, general 6,870 Carpenters 6,630 Maids and housekeeping cleaners 6,320 First-line supervisors/managers of retail sales workers 5,570 Cashiers 5,150 Automotive service technicians and mechanics 4,610 Source: U.S. Department of Labor, Bureau of Labor Statistics. Note: Beginning with the 2003 reference year, the 2000 Standard Occupational Classification (SOC) Manual is now used to classify occupation. Prior to 2003, the survey used the Bureau of Census occupational coding system. For that reason, BLS advises against making comparisons between 2003 occupation categories and results from previous years. 1 Days away from work cases include those which result in days away from work with or without job transfer or restriction. 2 Includes cases where the nature of injury is: sprains, strains, tears; back pain, hurt back; soreness, pain, hurt except back; carpal tunnel syndrome; hernia; or musculoskeletal system and connective tissue diseases and disorders and when the event or exposure leading to the injury or illness is: bodily reaction/bending, climbing, crawling, reaching, tweisting; overexertion; or repetition. Cases of Raynaud's phenomenon, tarsal tunnel syndrome, and herniated spinal discs are not included. Although these cases may be considered MSDs, the survey classifies these cases in categories that also include non-MSD cases. 42 ESTIMATES OF THE TRUE TOLL OF WORKPLACE INJURIES AND ILLNESSES COMPARED TO BUREAU OF LABOR STATISTICS (BLS) REPORTS 2005 Estimated 2005 Figures Accounting for Impact of Undercounting Injuries 2005 Data Reported by Bureau and Illnesses 1 of Labor Statistics (BLS) Total Number of Nonfatal Injuries and Illnesses in Private Industry 12.6 million 4.2 million Total Nonfatal Injury and Illness Case Rate in Private Industry (Cases per 100 workers) 13.8 4.6 Total Number of Injuries and Illnesses Involving Days Away from Work 3.6 million 1.2 million Case Rate for Nonfatal Injuries and Illnesses Involving Days Away from Work (Cases per 100 workers) 4.05 1.35 Total Number of Musculoskeletal Disorders - Cases Involving Days Away from Work 1,126,620 375,540 Total Number of Estimated Cases of Musculoskeletal Disorders 3,792,780 1,264,260 1 A detailed comparison of individual injury and illness reports from various reporting systems found that only one in three workplace injuries and illnesses were reported on the OSHA Log and captured by the Bureau of Labor Statistics Survey. This study did not address the number of injuries and illnesses that are not reported to any reporting system in the first place. Thus, this study represents a conservative estimate of underreporting of the true toll of injuries and illnesses. For more details on the study, see the paper by Rosenman, et al, "How Much Work-Related Injury and Illness is Missed by the Current National Surveillance System?" Journal of Occupational and Environmental Medicine, Vol. 48, pages 357-365, 2006. 43 Federal OSHA Inspection/Enforcement Activity, FY 1999 - 2006 FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 Inspections 34,474 36,350 35,941 37,565 39,884 39,246 38,783 38,589 Safety 26,639 27,734 27,989 29,516 31,703 31,499 31,136 31,846 Health 7,835 8,616 7,952 8,049 8,181 7,747 7,647 6,743 Complaints 7,998 8,401 8,362 7,887 7,994 8,082 7,732 7,384 Programmed 15,527 18,343 17,929 20,528 22,452 21,598 21,430 21,497 Construction 18,692 19,507 20,238 21,384 22,959 22,404 22,181 22,901 Maritime 408 472 416 362 379 381 407 Manufacturing 8,649 8,536 8,060 8,287 8,576 8,770 8,467 7,691 Other 6,725 7,835 7,227 7,532 8,018 7,693 7,754 7,590 Employees Covered by Inspections 1,827,966 2,089,546 1,491,212 1,483,319 1,609,833 1,520,885 1,561,399 1,213,707 Average Case Hours/Inspections Safety 22.0 22.0 20.2 19.1 18.8 18.7 19.0 18.8 Health 40.0 35.0 33.4 32.7 34.7 35.6 34.8 34.4 Violations -Total 76,899 80,472 78,715 78,247 83,269 86,475 85,054 83,726 Willfull 607 524 656 3 39922 391 446 726 466 Repeat 1,778 2,012 1,960 1,953 2,115 2,329 2,326 2,544 Serious 50,145 52,489 53,099 54,512 59,474 61,334 60,662 61,085 Unclassified 437 209 299 263 363 217 70 14 Other 23,715 24,954 22,483 20,896 20,706 21,848 20,968 19,339 FTA 217 284 218 231 220 301 302 278 Penalties - Total ($) 85,239,048 86,498,127 79,273,622 70,693,165 79,805,630 82,604,990 98,751,227 82,546,815 Willfull 21,792,733 19,119,386 16,469,828 10,540,094 12,419,511 13,339,071 31,431,427 14,985,450 Repeat 7,541,893 8,876,269 7,816,889 7,479,806 9,094,708 9,327,664 8,454,113 9,559,903 Serious 48,865,741 50,365,620 48,088,016 47,248,283 50,897,990 53,467,165 52,965,118 53,298,790 Unclassified 4,177,367 3,903,859 3,692,309 2,620,058 3,626,250 2,194,084 1,506,735 558,650 Other 1,791,881 2,049,916 2,312,062 2,239,423 2,685,997 2,846,313 3,230,440 3,165,197 FTA 1,069,433 2,183,077 894,518 565,501 1,081,174 1,430,693 1,163,394 978,825 Average Penalty/ 1,108 1,075 1,007 903 958 955 1,161 986 Violation ($) Willfull 35,902 36,487 25,106 26,888 31,763 29,908 43,294 32,158 Repeat 4,242 4,412 3,988 3,830 4,300 4,005 3,635 3,758 Serious 974 960 906 867 856 872 873 873 Unclassified 9,559 18,678 12,349 9,962 9,990 10,111 21,525 39,904 Other 75 82 103 107 130 130 154 164 FTA 4,928 7,687 4,103 2,448 4,914 4,753 3,852 3,521 Percent Inspections with Citations 10.1% 9.6% 9.4% 8.2% 8.6% 8.0% 7.7% 7.2% Source: OSHA IMIS Inspection 6 Reports, FY 1999, FY 2000, FY 2001, FY 2002, FY 2003, FY 2004, FY 2005, FY 2006 44 Federal OSHA and State Plan OSHA Inspection/Enforcement Activity, FY 2006 FEDERAL OSHA STATE PLAN OSHA Inspections 38,589 58,367 Safety 31,846 45,505 Health 6,743 12,862 Complaints 7,384 9,879 Programmed 21,497 35,517 Construction 22,901 27,806 Maritime 407 40 Manufacturing 7,691 10,024 Other 7,590 20,497 Employees Covered by Inspections 1,213,707 2,446,918 Average Case Hours/Inspection Safety 18.8 15.6 Health 34.4 26.1 Violations - Total 83,726 127,069 Willful 466 153 Repeat 2,544 2,482 Serious 61,085 57,513 Unclassified 14 40 Other 19,339 66,467 FTA 278 414 Penalties - Total ($) 82,546,815 69,814,824 Willful 14,985,450 3,598,425 Repeat 9,559,903 4,755,947 Serious 53,298,790 51,210,282 Unclassified 558,650 59,829 Other 3,165,197 7,749,705 FTA 978,825 2,440,636 Average Penalty/Violation ($) 986 549 Willful 32,158 23,519 Repeat 3,758 1,916 Serious 873 890 Unclassified 39,904 1,496 Other 164 117 FTD 3,521 5,895 Percent Inspections with Citations Contested 7.2% 13.5% Source: OSHA IMIS Inspection 6 Reports, FY 2006 45 46 OSHA GENERAL DUTY CITATIONS UNDER BUSH COMPREHENSIVE ERGONOMICS PLAN Date Company Location Proposed Penalty Final Penalty 1 2/21/2003 Alpha Health Services Idaho $900 $270 2 2/21/2003 Alpha Health Services Idaho $900 $265 3 2/21/2003 Alpha Health Services Idaho $900 $265 4 2/26/2003 Security Metal Products Oklahoma $5,600 $2,800 5 5/22/2003 Supervalu Missouri $6,300 $1,000 6 5/27/2003 Brown Printing Pennsylvania $4,500 $2,500 7 6/19/2003 Mariner Health Care Colorado $2,975 $2,232 8 6/19/2003 Mariner Health Care Colorado $2,975 $1,488 9 7/14/2003 Hondo Inc. Tri-State Coca Cola Bottling Co. Ohio $4,500 $750 10 8/18/2003 Regency Senior Services Wisconsin $3,500 $2,800 11 8/26/2003 Madonna Manor Nursing Massachusetts $3,500 $1,750 12 11/7/2003 Haven Health Center of Norwich Connecticut $2,450 $1,225 13 2/12/2004 Alden Court Nursing Care Massachusetts $3,150 $1,575 14 6/10/2004 Bottling Group Florida $5,000 $4,000 15 8/2/2004 Tree of Life, Inc. New York $5,000 $750 16 8/16/2004 Jacksonville Health and Rehabilitation Florida $4,500 $4,500 17 11/3/2005 Wolcott Hall Nursing Center Connecticut $2,975 $1,488 Source: OSHA IMIS Data. General Duty Standard Search, Ergonomic Category. Federal OSHA Citations. http://www.osha .gov/pls/imis/generaldutysearch.html MAJOR OSHA HEALTH STANDARDS SINCE 1971 Date Final Standard Standard Issued 1. Asbestos 1972 2. Fourteen Carcinogens 1974 3. Vinyl Chloride 1974 4. Coke Oven Emissions 1976 5. Benzene 1978 6. DBCP 1978 7. Arsenic 1978 8. Cotton Dust 1978 9. Acrylonitrile 1978 10. Lead 1978 11. Cancer Policy 1980 12. Access to Medical Records 1980 13. Hearing Conservation 1981 14. Hazard Communication 1983 15. Ethylene Oxide 1984 16. Asbestos (revised) 1986 17. Field Sanitation 1987 18. Benzene (revised) 1987 19. Formaldehyde 1987 20. Access to Medical Records (modified) 1988 21. Permissible Exposure Limits (PELs) Update (vacated) 1989 22. Chemical Exposure in Laboratories 1990 23. Bloodborne Pathogens 1991 24. 4,4'-methylenedianiline 1992 25. Cadmium 1992 26. Asbestos (Partial Response to Court Remand) 1992 27. Formaldehyde (Response to Court Remand) 1992 28. Lead – (Construction) 1993 29. Asbestos (Response to Court Remand) 1994 30. 1,3-Butadiene 1996 31. Methylene Chloride 1998 32. Respiratory Protection 1998 33. Ergonomics 2000 34. Bloodborne Pathogens (revised) 2001 35. Ergonomics (revoked) 2001 36. Hexavalent Chromium (Response to Court Order) 2006 Source: Code of Federal Regulations 47 MAJOR OSHA SAFETY STANDARDS SINCE 1971 Date Final Standard Standard Issued 1. Cranes/derricks (load indicators) 1972 2. Roll-over protective structures (construction) 1972 3. Power transmission and distribution 1972 4. Scaffolding, pump jack scaffolding, and roof catch platform 1972 5. Lavatories for industrial employment 1973 6. Trucks, cranes, derricks, and indoor general storage 1973 7. Temporary flooring-skeleton steel construction 1974 8. Mechanical power presses – (“no hands in dies”) 1974 9. Telecommunications 1975 10. Roll-over protective structures of agricultural tractors 1975 11. Industrial slings 1975 12. Guarding of farm field equipment, farmstead equipment and cotton gins 1976 13. Ground-fault protection 1976 14. Commercial diving operations 1977 15. Servicing multi-piece rim wheels 1980 16. Fire protection 1980 17. Guarding of low-pitched roof perimeters 1980 18. Design safety standards for electrical standards 1981 19. Latch-open devices (on gasoline pumps) 1982 20. Marine terminals 1983 21. Servicing of single-piece and multi-piece rim wheels 1984 22. Electrical Safety in Construction (Part 1926) 1986 23. General Environmental Controls – TAGS Part (1910) 1986 24. Marine Terminals – Servicing Single Piece Rim Wheels (Part 1917) 1987 25. Grain Handling Facilities (Part 1910) 1987 26. Safety Testing of Certification of Certain Workplace Equipment and Materials (Laboratory Accreditation Revision) 1988 27. Crane or Derrick Suspended Personnel Platforms (Part 1926) 1988 28. Concrete and Masonry Construction (Part 1926) 1988 29. Mechanical power presses – (“no hands in dies”) – (Modified) 1988 30. Powered Platforms (Part 1910) 1989 31. Underground Construction (Part 1926) 1989 32. Hazardous Waste Operations (1910) (Mandated by Congress) 1989 33. Excavations (Part 1926) 1989 34. Control of Hazardous Energy Sources (Lockout/Tagout) Part (1910) 1989 35. Stairways and Ladders (Part 1926) 1990 36. Concrete and Masonry Lift-Slab Operations 1990 48 37. Electrical Safety Work Practices (Part 1910) 1990 38. Welding, Cutting and Brazing (Part 1910) (revision) 1990 39. Chemical Process Safety 1992 40. Confined Spaces 1993 41. Fall Protection 1994 42. Electrical Power Generation 1994 43. Personal Protective Equipment 1994 44. Logging Operations 1995 45. Scaffolds 1996 46. PPE for Shipyards 1996 47. Longshoring and Marine Terminals 1997 48. Powered Industrial Truck Operator Training 1998 49. Confined Spaces (amended) 1998 50. Steel Erection 2001 51. Electrical Equipment Installation 2007 Source: Code of Federal Regulations 49 OSHA REGULATIONS WITHDRAWN FROM REGULATORY AGENDA, 2001 - 2006 Regulation Reg Agenda Date PELS for Air Contaminants December-01 Metalworking Fluids December-01 Update and Revision of Flammable and Combustible Liquids December-01 Process Safety Management of Highly Hazardous Chemicals December-01 Revision and Update of Mechanical Power-Transmission Apparatus December-01 Safety Standards for Scaffolds in Construction -- Part II December-01 Safety and Health Programs for Construction December-01 Control of Hazardous Energy in Construction December-01 Consolidation of Records Maintenance Requirements in OSHA Standards December-01 Oil and Gas Well Drilling and Servicing December-01 Update and Revision of Spray Applications December-01 Occupational Exposure to Perchloroethylene December-01 Sanitation in the Construction Industry December-01 Update and Revision to Woodworking Machinery Standard December-01 Ergonomics Programs in Construction December-01 Occupational Health Risks in the Manufacture & Assemby of Semiconductors December-01 Indoor Air Quality May-02 Scaffolds in Shipyards May-02 Access and Egress in Shipyards May-02 Accreditation of Training Programs for HAZWOPER December-02 Injury and Illness Prevention (Safety & Health Programs) December-02 Fall Protection in Construction December-02 Glycol Ethers: Protecting Reproductive Health June-04 Occupational Exposure to Tuberculosis June-04 Source: U.S. Department of Labor Semiannual Regulatory Agenda (OSHA), Federal Register 50 PERMISSIBLE EXPOSURE LIMITS OF OSHA COMPARED TO OTHER STANDARDS AND RECOMMENDATIONS CALIFORNIA ACGIH NIOSH CHEMICAL OSHA PEL PEL TLV REL UNITS Acetone 1000 500 500 250 ppm Acrylamide 0.3 0.03 0.03 0.03 mg/m3 Ammonia 50 25 25 25 ppm Asphalt Fume - 5 0.5 5 mg/m3 Benzene 1 1 0.5 0.1 ppm Beryllium 2 0.2 2 0.5 ug/m3 Butane - 800 1000 800 ppm n-Butanol 100 50 20 50(c)1 ppm Carbon disulfide* 20 4 1 1 ppm Carbon monoxide* 50 25 25 35 ppm Chlorobenzene 75 10 10 - ppm Dimethyl sulfate* 1 0.1 0.1 0.1 ppm 2-Ethoxyethanol (EGEE) 200 5 5 0.5 ppm Ethyl acrylate 25 5 5 - ppm Gasoline - 300 300 - ppm Glutaraldehyde* - 0.05(c)1 0.05(c)1 0.2(c)1 ppm Potassium hydroxide - 2(c)1 2(c)1 2(c)1 mg/m3 Styrene 100 50 20 50 ppm Tetrachloroethylene* (Perchloroethylene) 100 25 25 - ppm Toluene* 200 50 20 100 ppm Triethylamine 25 1 1 - ppm * Chemicals identified by OSHA for updates in permissible exposure limits but subsequenty dropped from the agency's regulatory agenda. 1Ceiling Level 51 FEDERAL OSHA BUDGET AND PERSONNEL Budget Fiscal Year 1975 - 2007 Fiscal Year Budget Positions Fiscal Year 1975-2007 (Staff - Full Time Equivalent Employment) 2007 $485,074,000 2,173 2006 472,427,000 2,173 2005 464,224,000 2,208 2004 457,500,000 2 2,236 2003 453,256,000 2,313 2002 443,651,000 2,313 2001 425,886,000 2,370 2000 381,620,000 2,259 1999 354,129,000 2,154 1998 336,480,000 2,171 1997 324,955,000 2,118 1996 303,810,000 2,069 1995 311,660,000 2,196 1994 296,428,000 2,295 1993 288,251,000 2,368 1992 296,540,000 2,473 1991 285,190,000 2,466 1990 267,147,000 2,425 1989 247,746,000 2,441 1988 235,474,000 1 2,378 1987 225,811,000 2,211 1986 208,692,000 2,166 1985 219,652,000 2,239 1984 212,560,000 2,285 1983 206,649,000 2,284 1982 195,465,000 2,359 1981 210,077,000 2,655 1980 186,394,000 2,951 1979 173,034,000 2,886 1978 138,625,000 2,684 1977 130,333,000 2,717 1976 139,243,000 2,494 1975 102,327,000 2,435 Source: Occupational Safety and Health Administration 1/ Budget and personnel were increased when the California State plan turned back to Federal OSHA jurisdiction. 2/ Amount after rescission. 52 53 Job Safety and Health Appropriations FY 2001 - 2008 FY 2008 CATEGORY FY 2001 FY 2002 FY 2003 FY 2004 FY 20051 FY 20066 FY 2007 CR7 Request OSHA (in thousands of dollars) TOTAL 425,886 443,651 453,256 457,500 464,224 472,427 485,074 490,300 Safety & Health Standards 15,069 16,321 16,119 15,900 15,998 16,462 16,900 Federal Enforcement 151,836 161,768 164,039 166,000 169,601 172,575 183,000 State Enforcement 88,369 89,747 91,139 92,000 90,985 91,093 91,100 Technical Support 20,189 19,562 20,234 21,600 20,735 21,435 22,100 Federal Compliance Assistance 56,255 58,783 61,722 67,000 70,837 72,545 79,600 State Compliance Assistance 48,834 51,021 53,552 52,200 53,346 53,357 54,500 Training Grants3 11,175 11,175 11,175 10,500 10,423 10,116 10,116 0 Safety & Health Statistics 25,597 26,257 26,063 22,200 22,196 24,253 32,100 Executive Administration/Direction 8,562 9,017 9,213 10,000 10,102 10,591 11,000 MSHA (in thousands of dollars) TOTAL 246,306 254,768 271,741 268,800 279,198 303,286 299,836 313,500 Coal Enforcement 114,505 117,885 119,655 114,800 115,364 117,152 140,700 Supplemental (emergency) 25,600 Metal/Non-Metal Enforcement 55,117 61,099 63,910 65,500 66,731 68,062 72,300 Standards Development 1,760 2,357 2,378 2,300 2,333 2,481 2,700 Assessments 4,265 4,807 4,886 5,200 5,236 5,391 5,700 Education Policy & Development 31,455 27,984 27,914 30,400 31,245 31,701 34,300 Techincal Support 27,053 28,085 28,675 24,500 25,104 25,479 28,200 Program Administration 12,151 12,551 14,323 12,200 15,665 11,906 13,200 Mine Mapping4 -- -- 10,000 -- -- -- Program Eval. & Info Resources5 -- -- -- 13,900 17,520 15,514 16,200 NIOSH (in thousands of dollars) TOTAL 260,134 276,460 274,899 278,885 285,357 254,401* 254,401 253,000 1 Includes a .83% recision, that was part of the final FY 2005 Consolidated Appropriations bill (Dec 8, 2004). 2 From the President's Request, Budget of the United States Government, FY 2006 - Appendix (2/7/05). 3This line item was previously combined with Federal Compliance Assistance. 4This line item was added in the Senate appropropiations committee recommendation January 15, 2003. 5This line item was added in the President's FY 2004 budget request. * $34.8 million transferred to business services. TAP for administrative services eliminated. Direct comparison with NIOSH funding for earlier years, which included these aministrative costs, cannot be made. 6 Reflects 1% across the board recision. 7Amounts do not include the 50% of costs for salary and benefit increases provided for under the Continuing Resolution for FY 2007(House Joint Resolution 20) enacted on Prepared by: AFL-CIO Safety and Health, February 15, 2007 Funding for OSHA Worker Safety Training Programs Versus Employer Compliance Assistance Programs ($ in thousands) Employer Compliance Worker Safety and Assistance (Federal and Fiscal Year Health Training State) FY 2001 $11,175 $105,089 FY 2002 Request $8,175 $106,014 FY 2002 Enacted $11,175 $109,804 FY 2003 Request $4,000 $112,800 FY 2003 Enacted $11,175 $115,274 FY 2004 Request $4,000 $120,000 FY 2004 Enacted $11,102 $119,968 FY 2004 Rescission $10,500 $119,200 FY 2005 Request $4,000 $125,200 FY 2005 Enacted $10,500 $124,200 FY 2006 Request $0 $124,200 FY 2006 Enacted $10,116 $125,902 FY 2007 Request $0 $129,914 FY 2007 Enacted $10,116 $126,015 FY 2008 Request $0 $134,100 Sources: Budget of the United States Government, FY 2001 - FY 2008 and Department of Labor, Occupational Safety and Health Administration 54 55 NUMBER OF U.S. ESTABLISHMENTS AND EMPLOYEES COVERED PER OSHA FULL TIME EQUIVALENT (FTE) STAFF, 1975 - 2005 Fiscal Annual Average Annual Average OSHA Full Time Establishments Covered Employees Covered Year Employment1 Establishments1 Equivalent (FTE) Staff 2 Per OSHA FTE Per OSHA FTE 2005 131,571,623 8,571,144 2,208 3,882 59,589 2000 129,877,063 7,879,116 2,259 3,488 57,493 1995 115,487,841 7,040,677 2,196 3,206 52,590 1990 108,657,200 6,076,400 2,425 2,506 44,807 1985 96,314,200 5,305,400 2,239 2,370 43,017 1980 73,395,500 4,544,800 2,951 1,540 24,871 1975 67,801,400 3,947,740 2,435 1,621 27,845 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages, Annual Averages (Total Covered) 2 U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) 56 Funding for Federal Health Research Agencies (in millions of dollars) FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2007 FY 2008 Agency FY 2001 Request FY 2002 Request FY 2003 Request FY 2004 Request FY 2005 Request FY 2006 Request CR1 Request National Cancer Institute $3,754 $4,177 $4,190 $5,122 $4,622 $4,771 $4,771 $4,870 $4,842 $4,866 $4,793 $4,754 $4,793 $4,782 National Heart, Lung and Blood Institute $2,299 $2,567 $2,576 $2,746 $2,812 $2,868 $2,897 $2,964 $2,951 $2,965 $2,922 $2,901 $2,922 $2,925 National Institute of General Medical Sciences $1,535 $1,720 $1,725 $1,842 $1,859 $1,923 $1,916 $1,960 $1,955 $1,960 $1,936 $1,923 $1,936 $1,941 National Institute of Diabetes, Digestive and Kidney Disorders $1,400 $1,555 $1,467 $1,579 $1,633 $1,670 $1,682 $1,726 $1,722 $1,728 $1,855 $1,844 $1,855 $1,708 National Institute of Neurological Disorders and Stroke $1,176 $1,316 $1,328 $1,417 $1,466 $1,468 $1,511 $1,546 $1,550 $1,552 $1,535 $1,525 $1,535 $1,537 National Institute of Allergy and Infectious Disease* $2,042 $2,355 $2,372 $3,959 $3,731 $4,335 $4,335 $4,426 $4,459 $4,440 $4,383 $4,395 $4,383 $4,592 National Institute of Mental Health $1,106 $1,238 $1,249 $1,332 $1,350 $1,382 $1,391 $1,421 $1,418 $1,424 $1,404 $1,395 $1,404 $1,405 National Institute of Child Health and Human Development $976 $1,097 $1,114 $1,191 $1,214 $1,245 $1,251 $1,281 $1,278 $1,281 $1,265 $1,257 $1,265 $1,265 National Instutute of Environmental Health Sciences $565 $632 $567 $681 $618 $710 $637 $650 $648 $650 $641 $637 $641 $637 National Institute of Arthritis and Musculoskeletal Disorders $397 $444 $449 $478 $489 $503 $504 $515 $513 $515 $508 $505 $508 $508 National Institute for Occupational Safety and Health (NIOSH) $260 $266 $276 $247 $275 $246 $279 $279 $285 $286 $254 $250 $254 $253 * Since FY 2003, includes transfer of funds. 1This amount does not include the 50% of costs for salary and benefit increases provided for under the Continuing Resolution for FY 2007 (House Joint Resolution 20), enacted February 15, 2007. Source: Budget of the United States Government, FY 2001 - 2008. 88..66 MMiilllliioonn SSttaattee aanndd LLooccaall EEmmppllooyyeeeess LLaacckk OOSSHHAA CCoovveerraaggee 6655,,883333 5533,,444400 8855,,110066 9966,,337755 334499,,770099 7766,,887722 5577,,882266 335511,,778811 660099,,226600 113366,,551100 5522,,668855 667766,,662233 771166,,447755 5511,,111188 229933,,332233 3388,,112266 221122,,443377 336622,,881122 111144,,770022 226611,,221177 116699,,339988 554499,,440022 SSttaatteess wwiitthh nnoo 11,,447744,,774477 229955,,009977220077,,885588 ssttaattee//llooccaall 992244,,114499 eemmppllooyyeeee 332233,,996666 ccoovveerraaggee SSttaatteess wwiitthh ssttaattee//llooccaall eemmppllooyyeeee ccoovveerraaggee SSoouurrccee:: UU..SS.. DDeeppaarrttmmeenntt ooff LLaabboorr,, BBuurreeaauu ooff LLaabboorr SSttaattiissttiiccss,, EEmmppllooyymmeenntt aanndd WWaaggeess:: AAnnnnuuaall AAvveerraaggeess,, 22000055.. Prepared by the AFL-CIO 57 PROFILES OF MINE SAFETY AND HEALTH Coal Mines 1995 2000 2001 2002 2003 2004 2005 Number of coal mines 2,946 2,124 2,144 2,065 1,972 2,011 2,063 Number of miners 132,111 108,098 114,458 110,966 104,824 108,734 116,436 Fatalities 47 38 42 27 30 28 22 Fatal injury rate 1 0.0398 0.0393 0.0402 0.0270 0.0312 0.0273 0.0196 All injury rate 1 8.22 6.64 6.03 6.03 5.38 5.00 4.62 States with coal mining 26 26 26 26 26 26 26 Coal production (millions of tons) 1,030 1,078 1,128 1,094 1,071 1,111 1,133 Metal and Nonmetal Mines 1995 2000 2001 2002 2003 2004 2005 Number of metal/nonmetal mines 10,913 12,289 12,479 12,455 12,419 12,467 12,603 Number of miners 229,536 240,450 232,770 218,148 215,325 220,274 228,401 Fatalities 53 47 30 42 26 27 35 Fatal injury rate 1 0.0250 0.0218 0.0146 0.0220 0.0138 0.0137 0.0170 All injury rate 1 5.24 4.45 4.1 3.86 3.65 3.55 3.54 States with M/NM mining 50 50 50 50 50 50 50 Source: U.S. Department of Labor, Mine Safety and Health Administration (MSHA) 1 All reported injuries per 200,000 employee hours. 58 59 COAL FATALITIES BY STATE, 1993 - 2006 STATE 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 TOTAL ALABAMA 2 4 2 1 1 14 2 1 1 2 3 2 1 35 ALASKA 0 ARIZONA 1 1 1 1 4 ARKANSAS 1 1 CALIFORNIA 0 COLORADO 1 1 2 1 1 6 CONNECTICUT 0 DELAWARE 0 FLORIDA 0 GEORGIA 0 HAWAII 0 IDAHO 0 ILLINOIS 3 1 2 1 1 2 2 2 1 15 INDIANA 1 1 1 2 1 1 1 1 9 IOWA 0 KANSAS 0 KENTUCKY 16 8 6 9 9 5 13 9 12 5 12 12 12 19 147 LOUISIANA 0 MAINE 0 MARYLAND 1 1 2 MASSACHUSETTS 0 MICHIGAN 0 MINNESOTA 0 MISSISSIPPI 0 MISSOURI 0 MONTANA 1 1 NEBRASKA 0 NEVADA 0 NEW HAMPSHIRE 0 NEW JERSEY 0 NEW MEXICO 1 1 1 3 60 COAL FATALITIES BY STATE, 1993 - 2006 STATE 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 TOTAL NEW YORK 0 NORTH CAROLINA 0 NORTH DAKOTA 1 1 2 OHIO 1 2 2 1 1 7 OKLAHOMA 1 1 OREGON 0 PENN (ANTH) 1 1 1 3 3 2 2 1 4 3 2 23 PENN (BITUM) 3 1 1 4 2 4 4 3 22 PUERTO RICO 0 RHODE ISLAND 0 SOUTH CAROLINA 0 SOUTH DAKOTA 0 TENNESSEE 1 1 1 4 7 TEXAS 1 1 1 3 UTAH 1 2 1 4 3 2 2 2 17 VERMONT 0 VIRGINIA 1 3 3 4 2 4 5 5 5 2 1 3 1 39 WASHINGTON 1 1 WEST VIRGINIA 23 3 12 10 6 13 9 9 7 7 12 16 10 13 150 WISCONSIN 0 WYOMING 1 2 1 2 1 1 1 1 1 11 TOTAL 47 22 28 30 27 42 38 35 29 30 38 47 45 47 506 Source: U.S. Department of Labor, Mine Safety and Health Administration (MSHA) 61 METAL AND NONMETAL FATALITIES BY STATE, 1993 - 2006 STATE 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 TOTAL ALABAMA 1 2 1 3 1 1 2 1 8 ALASKA 1 1 1 1 4 ARIZONA 1 2 4 2 3 3 3 3 2 4 6 33 ARKANSAS 1 1 1 2 1 2 8 CALIFORNIA 2 2 1 2 3 6 4 5 3 3 31 COLORADO 2 1 2 2 1 2 1 1 1 1 1 15 CONNECTICUT 2 2 2 3 DELAWARE 0 FLORIDA 1 2 4 1 2 2 5 1 3 21 GEORGIA 1 1 1 1 1 1 3 3 3 15 HAWAII 1 1 2 IDAHO 1 2 1 2 2 1 1 2 12 ILLINOIS 1 2 1 1 1 3 2 2 2 15 INDIANA 1 2 1 2 3 2 11 IOWA 1 1 1 3 1 1 1 1 10 KANSAS 1 3 1 2 2 9 KENTUCKY 1 3 1 1 1 1 2 1 1 1 13 LOUISIANA 1 2 1 1 1 6 MAINE 0 MARYLAND 1 1 2 1 5 MASSACHUSETTS 1 1 1 1 4 MICHIGAN 3 1 2 1 1 1 2 3 1 1 2 2 20 MINNESOTA 3 1 1 2 1 1 9 MISSISSIPPI 2 3 1 1 1 8 MISSOURI 1 2 3 1 1 1 3 3 3 2 1 21 MONTANA 1 3 1 1 2 8 NEBRASKA 1 1 1 1 1 5 62 METAL AND NONMETAL FATALITIES BY STATE, 1993 - 2006 STATE 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 TOTAL NEVADA 3 4 2 2 4 6 9 2 5 4 7 4 2 54 NEW HAMPSHIRE 2 2 3 NEW JERSEY 1 1 1 1 1 5 NEW MEXICO 2 1 1 2 1 1 2 2 12 NEW YORK 1 1 2 1 1 1 7 NORTH CAROLINA 1 1 2 2 2 1 1 2 1 1 14 NORTH DAKOTA 0 OHIO 2 2 2 2 2 1 1 1 13 OKLAHOMA 2 1 2 2 7 OREGON 1 1 1 1 2 1 2 3 2 2 16 PENNSYLVANIA 2 1 2 1 2 2 2 5 1 2 5 25 PUERTO RICO 1 1 1 2 1 6 RHODE ISLAND 0 SOUTH CAROLINA 1 1 12 1 1 1 1 2 1 11 SOUTH DAKOTA 1 1 1 3 TENNESSEE 2 1 1 1 3 1 2 2 3 1 2 1 19 TEXAS 1 2 3 2 4 4 2 5 6 3 1 3 35 UTAH 1 1 1 2 2 1 1 1 2 12 VERMONT 2 2 VIRGINIA 1 1 2 1 1 2 2 2 12 WASHINGTON 1 1 1 1 2 1 1 2 2 1 13 WEST VIRGINIA 0 WISCONSIN 1 1 1 1 2 1 1 4 12 WYOMING 1 1 2 1 1 1 1 2 1 11 TOTAL 25 35 27 26 42 30 47 55 51 61 47 53 40 51 588 63 COMPARISON OF YEAR-TO-DATE AND TOTAL FATALITIES FOR METAL/NONMETAL AND COAL 70 60 50 47 42 40 35 27 26 30 27 28 30 25 22 20 10 0 M/NM COAL M/NM COAL M/NM COAL M/NM COAL M/NM COAL 2002 2003 2004 2005 2006 Source: Mine Safety and Health Administration F A T A L I T I E S MSHA REGULTIONS WITHDRAWN FROM REGULATORY AGENDA, 2002 - 2006 Regulation Reg Agenda Date Confined Spaces December-01 Metal/Nonmetal Impoundments December-01 Surface Haulage December-01 Safety Standard Revisions for Underground December-01 Anthracite Mines December-01 Electrical Grounding Standards for Metal and Nonmetal Mines December-01 Training and Retraining of Miners December-01 Respirable Crystalline Silica December-01 Safety Standards Self-Contained Self-Rescue Devices in Underground Mines December-01 Verification of Surface Coal Mine Dust Control Plans December-01 Surge and Storage Piles December-01 Escapeways and Refuges December-01 Accident Investigation Hearing Procedures December-01 Continuous Monitoring of Respirable Coal Mine Dust December-01 in Underground Coal Mines Requirements for Approval of Flame-Resistant Conveyor Belts May-02 Air Quality, Chemical Substances, and Respiratory Protection May-02 Mine Rescue Teams December-02 Occupational Exposure to Coal Mine Dust December-02 Focused Inspections December-02 Source: U.S. Department of Labor Semiannual Regulatory Agenda (MSHA), Federal Register 64 STATE COMPARISONS 65 Years Needed for OSHA to Inspect all Jobsites 0-49 years (6 states) 50-99 years (18 states) 100-149 years (19 states) 150 years or more (7 states) Source: U. S. Department of Labor, Bureau of Labor Statistics, "Employment and Wages Annual Averages, 2005” and Occupational Safety and Health Prepared by the AFL-CIO Administration IMIS data on worksite inspections FY 2006. FLORID D AELA 24W 7 yA eaR rs M EIS 2S 1I 0SSIP L PO IU 1I 9S 6IAN G AE 18O 4 M RA GR IAY 174 S LO AU NT DH D 15A 6K A OR TK A 1A 53N N SE AB SR 1A 45 C SKA ALIF 1O 43RNI A AL 1A 39BA C MO ALO 137RA O DK OLA 13H 3OMA 132 TEXAS 132 IOWA I 1M L 2L 2AS INSA OC ISH 12U 1SET M TSIS 1S 17OUR I IN 1D 13IANA P 10EN U 7N TS AY HLV 10A 7NIA KA 10N 5 W SAIS SCO 103NSIN 10 O 3H M IOO 1N 03TA N NE AW 1N 01EW Y OHA RKM 1P 00RH SO HID RE E 9 8 C ISLO AN NN D 9E 6CTIC V UE T 9R 4 W ME OST N V T 9IR 1GINIA 90 IDAHO A 8R 9NO IZR OT NH A D 89A N KE OW TA M 79EX N ICEW O 7 8JERSEY S 7O 5U MTH A C INA E 7R 5OLIN K AE 7N 0TU M CI KN Y 6N 5ESO W TAY 6O 3MIN TE GN 58NESSE V E 5I 7RGINI N MI AC 54OR HTH IG C AA N 5R 0OLINA 4 H 5AWAII 4 A 0 W LAA SS KH A 3IN 2GTON N 29EVADA 2 O 7REGON 24 67 68 NUMBER OF OSHA INSPECTORS BY STATE COMPARED WITH ILO BENCHMARK NUMBER OF LABOR INSPECTORS NUMBER OF LABOR RATIO OF OSHA NUMBER OF ACTUAL NUMBER OF INSPECTORS NEEDED TO INSPECTORS/NUMBER STATE EMPLOYEES1 OSHA INSPECTORS2 MEET ILO BENCHMARK3 OF EMPLOYEES ALABAMA 1,894,616 19 189 1/99,716 ALASKA 302,330 14 30 1/21,595 ARIZONA 2,489,462 26 249 1/95,749 ARKANSAS 1,147,615 10 115 1/114,762 CALIFORNIA 15,234,188 231 1,523 1/65,949 COLORADO 2,189,516 26 219 1/84,212 CONNECTICUT 1,644,274 25 164 1/65,771 DELAWARE 417,692 3 42 1/139,231 FLORIDA 7,747,729 48 775 1/161,411 GEORGIA 3,933,315 36 393 1/109,259 HAWAII 603,668 24 60 1/25,153 IDAHO 614,548 8 61 1/76,819 ILLINOIS 5,748,355 56 574 1/102,649 INDIANA 2,873,795 72 287 1/39,914 IOWA 1,446,568 31 145 1/46,663 KANSAS 1,305,440 15 131 1/87,029 KENTUCKY 1,757,997 49 176 1/35,877 LOUISIANA 1,841,046 18 184 1/102,280 MAINE 594,481 11 59 1/54,044 MARYLAND 2,497,487 63 250 1/39,643 MASSACHUSETTS 3,159,934 32 316 1/98,748 69 NUMBER OF OSHA INSPECTORS BY STATE COMPARED WITH ILO BENCHMARK NUMBER OF LABOR INSPECTORS NUMBER OF LABOR RATIO OF OSHA NUMBER OF ACTUAL NUMBER OF INSPECTORS NEEDED TO INSPECTORS/NUMBER STATE EMPLOYEES1 OSHA INSPECTORS2 MEET ILO BENCHMARK3 OF EMPLOYEES MICHIGAN 4,297,017 86 430 1/49,965 MINNESOTA 2,640,326 55 264 1/48,006 MISSISSIPPI 1,111,269 11 111 1/101,024 MISSOURI 2,664,447 28 266 1/95,159 MONTANA 413,460 6 41 1/68,910 NEBRASKA 892,397 7 89 1/127,485 NEVADA 1,215,783 36 122 1/33,772 NEW HAMPSHIRE 620,893 10 62 1/62,089 NEW JERSEY 3,917,397 65 392 1/60,268 NEW MEXICO 778,233 10 78 1/77,823 NEW YORK 8,348,739 126 835 1/66,260 NORTH CAROLINA 3,856,748 122 386 1/31,613 NORTH DAKOTA 328,097 7 33 1/46,871 OHIO 5,308,808 57 531 1/93,137 OKLAHOMA 1,465,969 17 147 1/86,233 OREGON 1,652,773 83 165 1/19,913 PENNSYLVANIA 5,552,301 67 555 1/82,870 RHODE ISLAND 477,420 7 48 1/68,203 SOUTH CAROLINA 1,819,217 31 182 1/58,684 SOUTH DAKOTA 375,707 N/A 38 N/A TENNESSEE 2,685,491 60 269 1/44,758 TEXAS 9,583,457 86 958 1/111,436 70 NUMBER OF OSHA INSPECTORS BY STATE COMPARED WITH ILO BENCHMARK NUMBER OF LABOR INSPECTORS NUMBER OF LABOR RATIO OF OSHA NUMBER OF ACTUAL NUMBER OF INSPECTORS NEEDED TO INSPECTORS/NUMBER STATE EMPLOYEES1 OSHA INSPECTORS2 MEET ILO BENCHMARK3 OF EMPLOYEES UTAH 1,115,375 19 112 1/58,704 VERMONT 300,919 10 30 1/30,092 VIRGINIA 3,578,558 62 358 1/57,719 WASHINGTON 2,766,451 119 277 1/23,247 WEST VIRGINIA 695,382 8 70 1/86,923 WISCONSIN 2,744,006 36 274 1/76,222 WYOMING 254,418 8 25 1/31,802 TOTAL 130,905,114 2,056 13,090 1/63,670 1U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages, Annual Averages 2005. 2U.S. Department of Labor, OSHA. Summary of Federal CSHO Totals by State FY 2007 and Summary of State Safety and Health Compliance Staffing, FY 2007. Total number of inspectors does not include 56 inspectors in Puerto Rico and Virgin Islands. 3International Labor Office. Strategies and Practice for Labor Inspection. G.B.297/ESP/3. Geneva, November 2006. The ILO benchmark for labor inspectors is one inspector per 10,000 workers in industrial market economies. 71 PROFILE OF WORKPLACE SAFETY AND HEALTH IN THE UNITED STATES STATE FATALITIES 2005 1 INJURIES/ILLNESSES PENALITIES 3 INSPECTORS 4 YEARS TO STATE OR 2005 2 FY 2006 INSPECT EACH FEDERAL WORKPLACE PROGRAM 5 NUMBER RATE RANK6 NUMBER RATE AVERAGES($) RANK7 ONCE Alabama 128 6.1 39 63,200 4.6 1,290 3 19 137 FEDERAL Alaska 29 8.2 47 12,000 6.2 719 32 14 32 STATE Arizona 99 3.6 18 81,500 4.8 1,100 6 26 89 STATE Arkansas 80 6.1 39 42,200 5.0 933 14 10 145 FEDERAL California 465 2.7 12 503,700 4.7 5,398 1 231 139 STATE Colorado 125 5.2 34 N/A N/A 886 19 26 133 FEDERAL Connecticut 46 2.6 8 59,000 5.0 767 26 25 94 FEDERAL Delaware 11 2.6 8 11,000 3.7 1,137 5 3 210 FEDERAL Florida 406 4.8 28 246,300 4.5 1,049 8 48 247 FEDERAL Georgia 200 4.5 25 125,400 4.3 1,043 9 36 174 FEDERAL Hawaii 15 2.3 4 18,500 4.9 586 41 24 40 STATE Idaho 35 4.9 29 N/A N/A 643 37 8 89 FEDERAL Illinois 194 3.2 16 170,100 4.1 757 28 56 121 FEDERAL Indiana 157 5.1 33 117,400 5.8 715 33 72 107 STATE Iowa 90 5.6 36 64,300 6.5 935 13 31 122 STATE Kansas 81 5.5 35 46,800 5.3 592 40 15 103 FEDERAL 72 PROFILE OF WORKPLACE SAFETY AND HEALTH IN THE UNITED STATES STATE FATALITIES 2005 1 INJURIES/ILLNESSES PENALITIES 3 INSPECTORS 4 YEARS TO STATE OR 2005 2 FY 2006 INSPECT EACH FEDERAL WORKPLACE PROGRAM 5 NUMBER RATE RANK6 NUMBER RATE AVERAGES($) RANK7 ONCE Kentucky 122 6.3 42 75,900 6.2 1,322 2 49 65 STATE Louisiana 111 5.6 36 40,300 3.1 646 36 18 184 FEDERAL Maine 15 2.2 3 28,900 7.2 723 31 11 75 FEDERAL Maryland 95 3.3 17 72,700 4.2 737 29 63 156 STATE Massachusetts 75 2.3 4 93,000 4.2 939 12 32 117 FEDERAL Michigan 110 2.3 4 161,700 5.3 460 47 86 50 STATE Minnesota 87 3.1 15 90,600 5.0 632 38 55 63 STATE Mississippi 112 8.9 48 N/A N/A 901 17 11 196 FEDERAL Missouri 185 6.4 44 102,600 5.4 724 30 28 113 FEDERAL Montana 50 10.3 49 17,000 6.6 626 39 6 101 FEDERAL Nebraska 36 3.8 21 30,400 5.0 1,037 10 7 143 FEDERAL Nevada 57 4.9 29 50,800 5.7 1,199 4 36 27 STATE New Hampshire 18 2.5 7 N/A N/A 849 21 10 98 FEDERAL New Jersey 112 2.6 8 104,400 3.8 815 24 65 75 FEDERAL New Mexico 44 4.7 27 22,400 4.4 758 27 10 78 STATE New York 239 2.7 12 176,500 3.2 928 15 126 100 FEDERAL 73 PROFILE OF WORKPLACE SAFETY AND HEALTH IN THE UNITED STATES STATE FATALITIES 2005 1 INJURIES/ILLNESSES PENALITIES 3 INSPECTORS 4 YEARS TO STATE OR 2005 2 FY 2006 INSPECT EACH FEDERAL WORKPLACE PROGRAM 5 NUMBER RATE RANK6 NUMBER RATE AVERAGES($) RANK7 ONCE North Carolina 165 3.8 21 107,600 4.0 529 44 122 45 STATE North Dakota 22 6.3 42 N/A N/A 664 35 7 89 FEDERAL Ohio 168 3.0 14 N/A N/A 923 16 57 103 FEDERAL Oklahoma 95 5.7 38 47,300 4.6 889 18 17 132 FEDERAL Oregon 65 3.6 18 59,200 5.4 300 50 83 24 STATE Pennsylvania 224 3.7 20 N/A N/A 839 23 67 105 FEDERAL Rhode Island 6 1.1 1 17,800 5.5 785 25 7 96 FEDERAL South Carolina 132 6.7 45 44,500 3.6 358 49 31 70 STATE South Dakota 31 7.5 46 N/A N/A 559 42 N/A 153 FEDERAL Tennessee 139 5.0 32 90,600 4.8 885 20 60 57 STATE Texas 495 4.6 26 246,000 3.6 1,014 11 86 132 FEDERAL Utah 54 4.4 24 41,000 5.6 1,073 7 19 107 STATE Vermont 7 2.0 2 12,800 6.2 546 43 10 91 STATE Virginia 186 4.9 29 99,400 4.0 473 46 62 54 STATE Washington 85 2.6 8 109,900 6.1 384 48 119 29 STATE West Virginia 46 6.1 39 26,800 5.5 710 34 8 90 FEDERAL 74 PROFILE OF WORKPLACE SAFETY AND HEALTH IN THE UNITED STATES STATE FATALITIES 2005 1 INJURIES/ILLNESSES PENALITIES 3 INSPECTORS 4 YEARS TO STATE OR 2005 2 FY 2006 INSPECT EACH FEDERAL WORKPLACE PROGRAM 5 NUMBER RATE RANK6 NUMBER RATE AVERAGES($) RANK7 ONCE Wisconsin 125 4.3 23 109,900 5.8 848 22 36 103 FEDERAL Wyoming 46 16.8 50 9,500 5.8 515 45 8 58 STATE TOTAL OR NATIONAL AVERAGE: 5,734 4.0 4.2 MILLION 4.6 $881 8 2,112 9 89 10 1 Bureau of Labor Statistics, rate per 100,000 workers. National and state fatality rates come directly from BLS, Census of Fatal Occupational Injuries. 2 Bureau of Labor Statistics, rate of total cases per 100 workers. Number and rate are for private sector only and includes Guam, Puerto Rico and the Virgin Islands. An additional 578,200 cases occurred among state and local government employees in the 29 states and territories where this data is collected. 3 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. Penalties shown are averages per serious citation for conditions creating a substantial probability of death or serious physical harm to workers. For CT, NJ and NY, averages are based only on federal data. 4 From OSHA records, FY 2007. Includes only safety and industrial hygiene Compliance Safety and Health Officers who conduct workplace inspections. Supervisory CSHO’s are included if they spend at least 50% of their time conducting inspections. 5 Under the OSHAct, states may operate their own OSHA programs. Connecticut, New Jersey, and New York have state programs covering state and local employees only. Twenty-one states and one territory have state OSHA programs covering both public and private sector workers. 6 Rankings are based on best to worst fatality rate (1-best, 50-worst). 7 Rankings are based on highest to lowest average penalty ($) per serious violation (1-highest, 50-lowest). 8 National average is per citation average for federal OSHA serious penalties and state OSHA plan states’ serious penalties combined. Federal serious penalties average $873 per citation; state plan OSHA states average $890 per citation. 9 Total number of inspectors includes 818 Federal OSHA inspectors and 1,294 state OSHA inspectors including inspectors in the Virgin Islands and Puerto Rico. 10 Frequency of all covered establishments for all states combined. Average inspection frequency of covered establishments for federal OSHA states is once every 133 years; inspection frequency of covered establishments for state OSHA plan states is once every 62 years. Prepared by AFL-CIO Safety and Health – April 2007 75 Workplace Safety and Health Statistics, by State 2000 - 2005 State Fatality Rates 1 Injury/Illness Rates2 Average Penalties ($)3 2000 2001 2002 2003 2004 2005 2000 2001 2002 2003 2004 2005 FY 01 FY02 FY03 FY04 FY05 FY06 Alabama 5.5 7.4 5.6 6.0 6.4 6.1 6.2 5.9 5.2 4.6 5.1 4.6 1,218 1,099 1,301 1,326 1,195 1,290 Alaska 19.2 22.6 14.6 9.2 12.7 8.2 7.6 8.5 7.4 7.0 5.1 6.2 743 769 803 888 683 719 Arizona 5.3 3.9 4.5 3.0 3.1 3.6 5.8 5.8 5.0 4.6 4.5 4.8 1,611 1,463 1,186 1,278 1,144 1,100 Arkansas 9.4 6.0 7.1 7.2 5.7 6.1 6.5 5.8 5.7 5.1 4.7 5.0 839 918 988 863 826 933 California 3.7 3.4 3.2 2.7 2.4 2.7 6.1 5.4 5.6 5.4 4.9 4.7 4,818 4,996 5,466 5,278 5,597 5,398 Colorado 5.4 6.3 5.7 4.3 4.9 5.2 N/A N/A N/A N/A N/A N/A 1,111 1,062 928 815 981 886 Connecticut 3.3 2.4 2.4 2.1 3.1 2.6 6.7 6.3 5.4 5.1 4.8 5.0 868 796 865 807 732 767 Delaware 3.2 2.5 2.7 1.5 2.2 2.6 5.3 4.8 4.3 4.3 3.7 3.7 1,499 1,401 983 1,092 1,000 1,137 Florida 4.7 5.1 4.9 4.5 5.2 4.8 5.8 5.7 5.1 5.0 4.9 4.5 1,277 1,115 904 991 1,009 1,049 Georgia 5.0 6.1 5.2 4.7 5.3 4.5 5.1 4.8 4.7 4.3 3.9 4.3 1,136 976 977 1,006 1,071 1,043 Hawaii 3.6 7.4 4.3 3.5 4.1 2.3 6.0 5.7 5.8 5.4 4.9 4.9 643 785 616 645 690 586 Idaho 6.2 7.9 6.8 6.4 5.7 4.9 N/A N/A N/A N/A N/A N/A 1,098 953 759 504 671 643 Illinois 3.5 3.9 3.3 3.4 3.4 3.2 6.1 5.3 5.0 4.6 4.4 4.1 851 807 822 815 824 757 Indiana 5.4 5.3 4.8 4.4 5.0 5.1 7.6 7.6 6.9 6.2 6.3 5.8 607 607 575 640 617 715 Iowa 4.9 4.3 4.0 4.9 5.1 5.6 8.2 8.1 7.5 6.7 6.4 6.5 1,113 896 621 826 833 935 Kansas 6.5 7.0 6.8 5.7 5.7 5.5 7.8 7.3 6.2 5.5 5.5 5.3 868 817 795 678 616 592 Kentucky 7.5 6.0 8.5 7.7 7.6 6.3 8.3 7.4 7.2 6.4 6.1 6.2 1,252 1,360 1,248 1,356 1,470 1,322 Louisiana 7.6 6.3 5.6 5.0 6.3 5.6 4.3 4.6 3.8 3.6 3.4 3.1 1,135 929 1,030 670 800 646 Maine 4.4 3.9 5.1 3.5 2.4 2.2 9.0 8.7 8.1 7.7 6.9 7.2 692 580 522 699 704 723 Maryland 3.5 2.6 4.2 3.3 2.9 3.3 4.6 4.3 4.3 4.1 4.2 4.2 497 494 556 618 765 737 76 Workplace Safety and Health Statistics, by State 2000 - 2005 State Fatality Rates1 Injury/Illness Rates2 Average Penalties ($)3 2000 2001 2002 2003 2004 2005 2000 2001 2002 2003 2004 2005 FY 01 FY02 FY03 FY04 FY05 FY06 Massachusetts 2.0 1.6 1.4 2.4 2.2 2.3 5.5 5.1 4.6 N/A 4.3 4.2 864 886 950 971 1,034 939 Michigan 3.4 3.9 3.4 3.2 2.6 2.3 8.1 7.3 6.8 6.3 5.6 5.3 540 478 477 435 479 460 Minnesota 2.6 2.9 3.1 2.6 2.9 3.1 7.0 6.3 6.2 5.5 5.3 5.0 734 626 506 575 625 632 Mississippi 11.0 10.0 8.5 8.1 7.0 8.9 N/A N/A N/A N/A N/A N/A 879 1,074 879 860 958 901 Missouri 5.5 5.4 6.7 5.4 5.7 6.4 6.8 6.1 6.0 5.0 5.3 5.4 651 588 604 631 633 724 Montana 11.1 15.1 13.1 8.6 8.4 10.3 8.2 8.3 6.8 7.6 7.2 6.6 878 927 709 629 626 626 Nebraska 6.7 6.4 9.5 5.1 4.8 3.8 6.6 7.4 5.7 5.9 5.3 5.0 972 1,030 992 855 851 1,037 Nevada 5.0 3.8 4.3 4.7 5.3 4.9 7.2 6.6 6.0 5.7 5.5 5.7 917 947 767 926 928 1,199 New Hampshire 2.1 1.5 3.1 2.8 2.1 2.5 N/A N/A N/A N/A N/A N/A 820 684 557 741 888 849 New Jersey 3.0 3.3 3.3 2.5 3.1 2.6 4.9 4.8 4.3 4.2 3.8 3.8 873 812 871 873 846 815 New Mexico 4.9 8.1 8.5 5.4 6.6 4.7 4.4 4.8 5.2 6.1 4.8 4.4 597 646 630 758 1,222 758 New York 2.7 2.6 2.9 2.5 2.9 2.7 3.9 3.6 3.5 3.1 3.0 3.2 906 847 898 928 906 928 North Carolina 6.1 5.3 4.5 4.5 4.5 3.8 5.3 4.8 4.0 4.0 4.1 4.0 462 467 459 487 481 529 North Dakota 11.0 8.0 8.0 7.5 6.6 6.3 N/A N/A N/A N/A N/A N/A 592 478 594 700 720 664 Ohio 3.8 3.8 3.8 3.7 3.6 3.0 N/A N/A N/A N/A N/A N/A 845 901 840 900 815 923 Oklahoma 5.6 7.9 6.4 6.2 5.6 5.7 6.6 6.5 6.1 5.0 5.6 4.6 959 1,005 886 1,031 1,202 889 Oregon 3.2 2.8 4.0 4.4 3.4 3.6 6.3 6.2 6.0 5.6 5.8 5.4 261 269 299 306 272 300 Pennsylvania 3.6 4.1 3.4 3.5 3.9 3.7 N/A N/A N/A N/A N/A N/A 810 732 753 816 775 839 Rhode Island 1.5 3.6 1.7 3.3 1.3 1.1 7.1 6.8 5.3 5.4 5.2 5.5 677 655 835 764 800 785 South Carolina 6.3 5.0 6.1 6.0 5.4 6.7 5.5 4.5 4.5 4.4 4.1 3.6 354 387 386 369 405 358 77 Workplace Safety and Health Statistics, by State 2000 - 2005 State Fatality Rates1 Injury/Illness Rates2 Average Penalties ($)3 2000 2001 2002 2003 2004 2005 2000 2001 2002 2003 2004 2005 FY 01 FY02 FY03 FY04 FY05 FY06 South Dakota 9.6 9.6 9.9 6.6 5.8 7.5 N/A N/A N/A N/A N/A N/A 520 743 689 653 745 559 Tennessee 6.0 5.2 5.4 4.9 5.2 5.0 6.6 6.1 5.7 5.4 5.3 4.8 836 782 780 827 889 885 Texas 6.2 5.7 4.5 4.7 4.2 4.6 4.7 4.9 4.3 4.0 3.7 3.6 1,032 954 1,002 1,065 1,109 1,014 Utah 5.8 6.2 5.0 4.7 4.4 4.4 6.7 6.6 6.0 5.6 5.7 5.6 1,247 1,179 1,013 985 1,086 1,073 Vermont 5.1 2.0 3.7 4.2 2.1 2.0 6.9 7.0 6.7 5.2 5.8 6.2 601 550 579 689 652 546 Virginia 4.3 4.2 4.2 4.2 4.6 4.9 5.3 4.6 4.3 4.0 3.8 4.0 605 623 505 483 568 473 Washington 2.8 3.8 3.1 2.8 3.2 2.6 8.5 7.8 7.3 6.8 6.9 6.1 480 447 441 423 379 384 West Virginia 6.7 9.2 5.9 6.9 7.7 6.1 7.0 7.2 6.3 6.1 6.1 5.5 595 704 636 663 649 710 Wisconsin 3.9 4.0 3.4 3.4 3.2 4.3 8.9 7.8 7.1 6.5 6.4 5.8 974 1,052 856 938 921 848 Wyoming 15.6 16.9 13.4 13.9 15.5 16.8 N/A N/A 5.6 6.0 5.3 5.8 366 386 338 332 312 515 National Average 4.3 4.3 4.0 4.0 4.1 4.0 6.1 5.7 5.3 5.0 4.8 4.6 $910 $886 $871 $873 $883 $881 1Bureau of Labor Statistics, rate per 100,000 workers. National fatality rate comes directly from BLS. 2Bureau of Labor Statistics; rate of total cases per 100 workers. Number and rate are for private sector only and includes Guam, Puerto Rico and the Virgin Islands. Each year there are more than 578,000 additional cases among state and local government employees in the 29 or 30 states and territories where this data is collected. Due to revisions of the OSHA recordkeeping requirements, the estimates from the BLS 2002 survey and beyond are not comparable with those from previous years. 3U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY2001, FY2002, FY2003, FY2004, FY2005, and FY2006. Penalties shown are averages per serious citation for conditions creating a substantial probability of death or serious physical harm to workers. For CT, NJ and NY, averages are based only on federal data. Note: Due to the revised recordkeeping rule, which became effective January 1, 2002, the estimates from the 2002 BLS Survey of Occupational Injuries and Illnesses and beyond are not comparable with those from previous years. Among the changes that could affect comparisons are: changes to the list of low-hazard industries that are exempt from recordkeeping, employers are no longer required to record all illnesses regardless of severity, there is a new category of injuries/illnesses diagnosed by a physician or health care professional, changes to the definition of first aid, and days away from work are recorded as calendar days. For a complete list of the major changes, see the OSHA website at http://www.osha.gov/recordkeeping/Rkmajorchanges.html. Prepared by the AFL-CIO Safety and Health - April 2007 78 Workplace Fatalities, 1992 - 2005 Overall Fatalities State 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Alabama 145 138 153 150 155 139 135 123 103 138 102 124 133 128 Alaska 91 66 60 78 63 51 43 42 53 64 42 28 42 29 Arizona 67 55 79 86 77 61 74 70 118 87 101 80 84 99 Arkansas 82 71 85 92 88 102 86 76 106 68 80 87 70 80 California 644 657 639 646 641 651 626 602 553 515 478 459 467 465 Colorado 103 99 120 112 90 120 77 106 117 139 123 102 117 125 Connecticut 42 31 35 32 35 32 57 38 55 41 39 36 54 46 Delaware 11 13 15 12 18 17 11 14 13 10 11 9 10 11 Florida 329 345 358 391 333 366 384 345 329 368 354 347 422 406 Georgia 204 230 249 237 213 242 202 229 195 237 197 199 232 200 Hawaii 28 26 21 24 27 19 12 32 20 41 24 21 25 15 Idaho 45 43 50 53 62 56 51 43 35 45 39 43 38 35 Illinois 250 252 247 250 262 240 216 208 206 231 190 200 208 194 Indiana 148 136 195 156 143 190 155 171 159 152 136 132 153 157 Iowa 110 88 74 54 70 80 68 80 71 62 57 76 82 90 Kansas 82 99 106 95 85 93 98 87 85 94 89 78 80 81 Kentucky 117 143 158 140 141 143 117 120 132 105 146 145 143 122 Louisiana 153 171 187 139 134 137 159 141 143 117 103 95 121 111 79 Workplace Fatalities, 1992 - 2005 Overall Fatalities State 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Maine 19 20 22 18 23 19 26 32 26 23 30 23 16 15 Maryland 103 82 80 86 82 82 78 82 84 64 102 92 81 95 Massachusetts 67 85 74 66 62 69 44 83 70 54 46 78 72 75 Michigan 143 160 180 149 155 174 179 182 156 175 152 152 127 110 Minnesota 103 113 82 84 92 72 88 72 68 76 81 72 80 87 Mississippi 123 121 126 128 103 104 113 128 125 111 94 102 88 112 Missouri 140 131 155 125 140 123 145 165 148 145 175 154 165 185 Montana 65 38 50 34 50 56 58 49 42 58 51 39 39 50 Nebraska 43 78 83 54 56 46 56 66 59 57 83 51 46 36 Nevada 49 38 41 51 52 55 60 58 51 40 47 52 61 57 New Hampshire 10 13 14 12 11 23 23 14 13 9 19 19 15 18 New Jersey 138 145 114 118 100 101 103 104 115 129 129 104 129 112 New Mexico 35 55 54 58 60 50 48 39 35 59 63 46 57 44 New York 314 345 364 302 317 264 243 241 233 220 240 227 254 239 North Carolina 169 214 226 187 191 210 228 222 234 203 169 182 183 165 North Dakota 20 30 21 28 23 35 24 22 34 25 25 26 24 22 Ohio 203 190 209 186 201 201 186 222 207 209 202 206 202 168 Oklahoma 78 86 97 200 87 104 75 99 82 115 92 100 91 95 80 Workplace Fatalities, 1992 - 2005 Overall Fatalities State 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Oregon 88 84 80 73 85 84 72 69 52 44 63 75 60 65 Pennsylvania 242 241 354 233 282 259 235 221 199 225 188 208 230 224 Rhode Island 17 16 12 11 6 11 12 11 7 17 8 18 7 6 South Carolina 100 87 83 115 109 131 111 139 115 91 107 115 113 132 South Dakota 28 28 31 26 32 23 28 46 35 35 36 28 24 31 Tennessee 145 154 170 179 152 168 150 154 160 136 140 137 145 139 Texas 536 529 497 475 514 459 523 468 572 536 417 491 440 495 Utah 59 66 66 51 64 66 67 54 61 65 52 54 50 54 Vermont 11 7 8 16 7 9 16 14 15 6 11 14 7 7 Virginia 175 135 164 132 153 166 177 154 148 146 142 155 171 186 Washington 97 112 118 109 128 112 113 88 75 102 86 83 98 85 West Virginia 77 66 61 56 66 53 57 57 46 63 40 51 58 46 Wisconsin 135 138 109 117 108 114 97 105 107 110 91 103 94 125 Wyoming 26 36 35 32 28 29 33 32 36 40 33 37 43 46 Totals 6,217 6,331 6,632 6,275 6,202 6,238 6,055 6,054 5,920 5,915 5,534 5,575 5,764 5,734 Source: U.S. Department of Labor, Bureau of Labor Statistics, in cooperation with State and Federal agencies, Census of Fatal Occupational Injuries. 81 Fatal Occupational Injuries by State and Event or Exposure, 2005 Total Assaults Contact with Exposure to Harmful Fatalities Transportation and Violent Objects and Substances or Fires and State 2005 Incidents Acts Equipment Falls Environments Explosions Alabama 128 55 19 23 21 8 -- Alaska 29 21 -- -- 3 -- -- Arizona 99 42 16 17 9 11 -- Arkansas 80 53 5 9 8 3 -- California 465 165 87 76 59 51 14 Colorado 125 76 8 17 9 11 3 Connecticut 46 12 14 10 8 -- -- Delaware 11 -- -- -- 3 -- -- District of Columbia 12 -- 4 -- 4 -- -- Florida 406 186 47 39 72 50 8 Georgia 200 81 32 31 39 13 3 Hawaii 15 6 -- -- 3 4 -- Idaho 35 15 -- 12 5 -- -- Illinois 194 74 30 34 24 26 6 Indiana 157 72 15 25 23 14 8 Iowa 90 44 3 26 8 -- 4 Kansas 81 40 12 16 4 5 -- Kentucky 122 54 16 30 16 5 -- Louisiana 111 53 11 18 10 13 -- Maine 15 5 -- 5 3 -- -- 82 Fatal Occupational Injuries by State and Event or Exposure, 2005 Total Assaults Contact with Exposure to Harmful Fatalities Transportation and Violent Objects and Substances or Fires and State 2005 Incidents Acts Equipment Falls Environments Explosions Maryland 95 31 23 16 19 4 -- Massachusetts 75 23 12 15 14 7 -- Michigan 110 40 16 20 19 10 5 Minnesota 87 34 12 26 11 3 -- Mississippi 112 49 19 20 17 6 -- Missouri 185 91 20 42 12 12 6 Montana 50 19 8 14 7 -- -- Nebraska 36 18 4 10 3 -- -- Nevada 57 26 7 7 10 6 -- New Hampshire 18 9 -- 5 3 -- -- New Jersey 112 51 17 16 15 6 5 New Mexico 44 23 9 4 4 -- -- New York 239 87 49 40 33 23 7 North Carolina 165 62 22 31 30 15 5 North Dakota 22 9 -- 5 5 3 -- Ohio 168 71 23 34 18 18 4 Oklahoma 95 57 9 10 10 5 4 Oregon 65 31 5 15 11 -- -- Pennsylvania 224 107 41 30 33 10 -- Rhode Island 6 -- -- -- -- -- -- 83 Fatal Occupational Injuries by State and Event or Exposure, 2005 Total Assaults Contact with Exposure to Harmful Fatalities Transportation and Violent Objects and Substances or Fires and State 2005 Incidents Acts Equipment Falls Environments Explosions South Carolina 132 61 18 21 13 17 -- South Dakota 31 16 -- 7 3 -- -- Tennessee 139 70 18 29 14 5 3 Texas 495 200 67 80 54 63 31 Utah 54 29 -- 12 5 4 -- Vermont 7 -- -- 4 -- -- -- Virginia 186 69 22 35 33 21 6 Washington 85 40 6 20 8 8 -- West Virginia 46 23 5 7 3 7 -- Wisconsin 125 48 20 22 25 6 3 Wyoming 46 25 3 11 -- -- -- Source: U.S. Department of Labor, Bureau of Labor Statistics, in cooperation with State and Federal agencies, Census of Fatal Occupational Injuries, 2005. Note: State totals include other events and exposures, such as bodily reaction, in addition to those shown separately. Dashes indicate less than 0.5 percent or data that are not available or that do not meet BLS publication criteria. 84 Hispanic1 Worker Fatalities by State, 1992-2005 Fatalities State 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Alabama 5 -- -- -- -- -- -- -- -- -- 5 8 6 9 Alaska -- -- -- -- -- -- -- -- -- -- -- -- -- 3 Arizona 13 16 23 11 17 13 27 26 26 34 28 17 25 36 Arkansas -- -- -- -- -- -- -- 8 9 -- 5 9 5 8 California 163 177 175 178 183 189 174 216 172 188 176 164 188 190 Colorado 11 17 10 19 10 22 15 19 27 25 16 25 25 19 Connecticut -- -- -- -- -- -- 10 -- 12 9 7 -- 10 5 Delaware -- -- -- -- -- -- -- -- -- -- -- -- -- -- Florida 32 57 67 67 68 84 58 68 75 84 98 90 119 113 Georgia -- 6 7 7 7 11 19 17 26 36 16 26 29 25 Hawaii -- -- -- -- -- -- -- -- -- -- -- -- -- -- Idaho -- -- 6 5 -- -- -- 6 5 -- 9 3 6 3 Illinois 19 21 14 20 22 17 17 21 17 30 27 22 29 23 Indiana -- -- -- -- -- -- -- -- -- 8 9 7 7 5 Iowa -- -- -- -- -- -- -- -- -- -- -- -- 7 -- Kansas -- -- 11 9 -- 5 15 5 5 6 5 4 11 10 Kentucky -- -- -- -- -- -- -- -- -- -- -- 3 -- 6 Louisiana -- -- -- -- -- -- -- -- 5 5 -- -- 9 8 Maine -- -- -- -- -- -- -- -- -- -- 14 -- -- -- 85 Hispanic1 Worker Fatalities by State, 1992-2005 Fatalities State 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Maryland -- -- -- 5 -- -- -- -- 6 -- 10 11 17 8 Massachusetts -- -- -- 6 -- 6 -- 6 -- 6 5 6 9 6 Michigan -- -- 6 -- -- -- 6 12 6 7 7 4 6 8 Minnesota -- -- -- -- -- -- -- -- 5 -- -- 5 3 6 Mississippi -- -- -- -- -- -- -- -- 5 11 5 -- 4 3 Missouri -- -- -- -- -- -- -- -- -- 8 -- 6 4 -- Montana -- -- -- -- -- -- -- -- -- 5 -- -- -- 4 Nebraska -- -- -- -- -- -- -- -- -- -- 9 3 4 -- Nevada 5 -- -- 7 5 9 9 6 10 10 8 10 17 9 New Hampshire -- -- -- -- -- -- -- -- -- -- -- -- -- -- New Jersey 15 13 16 15 10 12 12 17 23 25 33 24 34 30 New Mexico 12 12 14 17 23 23 17 13 9 27 21 9 12 19 New York 52 108 52 54 58 31 34 42 55 45 43 36 45 34 North Carolina -- 6 5 9 12 18 14 12 22 20 25 21 26 27 North Dakota -- -- -- -- -- -- -- -- -- -- -- -- -- -- Ohio -- -- -- -- -- -- 5 -- 5 6 -- 15 5 5 Oklahoma -- -- -- 5 -- 8 5 -- -- 16 8 3 13 8 Oregon 8 -- 5 -- -- -- 10 -- 6 5 -- 7 4 6 Pennsylvania -- 10 9 -- -- 5 7 8 16 10 12 10 6 11 86 Hispanic1 Worker Fatalities by State, 1992-2005 Fatalities State 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Rhode Island -- -- -- -- -- -- -- -- -- -- -- -- -- -- South Carolina -- -- -- -- -- -- -- 7 12 9 7 18 13 10 South Dakota -- -- -- -- -- -- -- -- -- -- -- -- -- -- Tennessee -- -- -- 5 5 -- -- 5 12 5 7 8 9 5 Texas 136 122 143 136 137 133 175 151 190 170 147 163 150 200 Utah -- -- -- -- 6 -- 9 5 6 8 6 11 5 4 Vermont -- -- -- -- -- -- -- -- -- -- -- -- -- -- Virginia 8 -- 6 6 6 9 6 12 5 12 15 13 13 24 Washington 5 11 -- -- 11 11 17 -- 13 13 15 5 14 7 West Virginia -- -- -- -- -- -- -- -- -- -- -- -- -- 4 Wisconsin -- 6 -- -- -- -- -- -- -- 8 -- 3 -- 9 Wyoming -- -- -- -- -- -- -- -- 5 5 8 -- 3 -- Totals 533 634 624 619 638 658 707 730 815 891 840 794 902 923 Source: U.S. Department of Labor, Bureau of Labor Statistics, in cooperation with State and Federal agencies, Census of Fatal Occupational Injuries. Dashes indicate no data reported or data that do not meet BLS publication criteria. 1Hispanic or Latino, includes both foreign-born and native born. 87 Foreign-Born1 Worker Fatalities, 1992 - 2005 Fatalities State 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Alabama 5 -- -- -- -- -- -- -- -- -- 5 3 6 10 Alaska -- -- 6 -- 9 5 -- -- -- 9 -- -- 7 5 Arizona 13 9 9 11 11 10 23 21 19 29 22 15 21 31 Arkansas -- -- -- -- 7 -- -- 5 9 -- -- -- 4 -- California 162 198 180 169 167 134 111 223 195 208 170 146 174 203 Colorado 6 5 7 12 6 15 12 15 11 23 11 22 21 11 Connecticut -- -- -- -- 8 6 13 5 14 20 7 7 15 7 Delaware -- -- -- -- -- -- -- -- -- -- -- -- -- -- Florida 56 68 62 65 87 106 65 69 91 96 106 109 123 119 Georgia 8 12 14 9 16 14 22 14 28 57 20 34 24 31 Hawaii 6 5 -- -- -- -- -- -- 6 11 8 4 9 4 Idaho 7 -- 7 5 -- -- -- 5 5 -- 8 3 4 3 Illinois 23 36 24 35 34 37 29 31 28 52 37 42 44 36 Indiana 5 -- 11 5 5 7 8 5 7 11 11 9 10 13 Iowa -- -- -- -- -- -- -- -- -- -- -- -- 5 -- Kansas -- -- -- -- -- -- 8 -- 5 5 7 6 10 12 Kentucky -- -- -- -- -- -- -- -- -- -- 8 -- 3 7 Louisiana -- 5 -- -- 8 6 7 -- 7 9 -- -- 3 10 1 The definition of "foreign-born" employed by the Census of Fatal Occupational Injuries refers simply to workers not born in the U.S. or U.S. territories and does not convey information on citizenship at birth. 88 Foreign-Born1 Worker Fatalities, 1992 - 2005 Fatalities State 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Maine -- -- -- -- -- -- 5 -- -- -- 15 -- -- -- Maryland 6 5 6 10 9 -- 9 15 12 8 16 21 24 26 Massachusetts 19 14 11 12 9 7 6 16 5 7 14 14 22 22 Michigan 8 12 9 7 9 13 7 24 18 15 15 16 11 12 Minnesota -- 5 -- -- 6 -- -- -- -- -- 5 5 4 10 Mississippi -- -- -- -- -- 5 -- -- -- 6 5 -- 3 8 Missouri -- -- -- -- -- -- -- 10 7 6 7 5 9 6 Montana -- -- -- -- -- -- -- -- -- -- -- -- -- -- Nebraska -- -- -- -- -- -- -- -- -- -- 12 -- 3 -- Nevada -- -- -- 5 5 6 7 9 9 12 13 9 15 8 New Hampshire -- -- -- -- -- -- -- -- -- -- -- 3 -- -- New Jersey 29 26 29 29 29 30 26 25 31 37 41 41 39 47 New Mexico -- -- -- -- 13 11 8 -- -- 15 6 4 6 7 New York 133 133 113 93 98 67 66 67 91 75 80 73 74 79 North Carolina 6 5 11 5 11 19 13 17 7 22 26 26 25 29 North Dakota -- -- -- -- -- -- -- -- -- -- -- 4 -- -- Ohio 9 8 16 8 6 12 8 9 12 7 13 18 10 11 Oklahoma -- -- -- -- -- 8 -- -- -- 13 15 7 11 -- 1 The definition of "foreign-born" employed by the Census of Fatal Occupational Injuries refers simply to workers not born in the U.S. or U.S. territories and does not convey information on citizenship at birth. 89 Foreign-Born1 Worker Fatalities, 1992 - 2005 Fatalities State 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Oregon 10 -- -- -- 5 -- 5 11 -- -- 6 5 6 8 Pennsylvania 11 16 22 6 8 10 9 11 16 16 13 15 19 24 Rhode Island -- 5 -- -- -- -- -- -- -- -- -- 4 -- -- South Carolina -- -- -- 6 -- 5 6 7 16 12 8 18 18 13 South Dakota -- -- -- -- -- -- -- -- -- -- -- -- -- -- Tennessee -- 6 -- 8 -- -- -- -- 5 -- 7 15 12 14 Texas 69 72 90 84 93 102 111 100 115 122 110 121 101 135 Utah -- -- -- -- 5 6 5 8 6 8 9 12 4 8 Vermont -- -- -- -- -- -- -- -- -- -- -- -- -- -- Virginia 10 8 15 10 8 20 10 18 17 22 20 22 41 33 Washington 7 17 13 11 22 12 19 7 13 17 19 6 21 9 West Virginia -- -- -- -- -- -- -- -- -- -- -- -- -- -- Wisconsin -- 8 -- 7 -- -- -- 7 -- 9 -- 5 5 9 Wyoming -- -- -- -- -- -- -- -- -- -- -- -- -- -- Totals 635 725 698 658 728 714 654 811 849 994 929 890 956 1,035 Source: U.S. Department of Labor, Bureau of Labor Statistics, in cooperation with State, New York City, District of Columbia, and Federal agencies, Census of Fatal Occupational Injuries. Dashes indicate no data reported or data that do not meet BLS publication criteria. 1 The definition of "foreign-born" employed by the Census of Fatal Occupational Injuries refers simply to workers not born in the U.S. or U.S. territories and does not convey information on citizenship at birth. STATE PROFILES 91 ALABAMA Worker Safety and Health Number of employees:1 1,894,616 Number of establishments:1 117,064 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 128 Rate per 100,000 workers, 2005: 6.1 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 39 Total cases of workplace injuries and illnesses, 2005:4 63,200 Rate per 100 workers: 4.6 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 29,800 Rate per 100 workers: 2.2 National rate: 2.4 Number of state and local employees:1 295,097 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 19 Number of workplace safety and health inspections conducted, FY 2006:7 816 Construction: 519 Non-construction: 297 Length of time it would take for OSHA to inspect each workplace once: 137 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $1,290 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 93 ALASKA Worker Safety and Health Number of employees:1 302,330 Number of establishments:1 20,503 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 29 Rate per 100,000 workers, 2005: 8.2 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 47 Total cases of workplace injuries and illnesses, 2005:4 12,000 Rate per 100 workers: 6.2 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 5,800 Rate per 100 workers: 3.0 National rate: 2.4 Number of state and local employees:1 58,913 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 14 Number of workplace safety and health inspections conducted, FY 2006:7 644 Construction: 330 Non-construction: 314 Length of time it would take for OSHA to inspect each workplace once: 32 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $719 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 94 ARIZONA Worker Safety and Health Number of employees:1 2,489,462 Number of establishments:1 137,510 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 99 Rate per 100,000 workers, 2005: 3.6 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 18 Total cases of workplace injuries and illnesses, 2005:4 81,500 Rate per 100 workers: 4.8 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 41,300 Rate per 100 workers: 2.4 National rate: 2.4 Number of state and local employees:1 330,161 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 26 Number of workplace safety and health inspections conducted, FY 2006:7 1,551 Construction: 1,058 Non-construction: 493 Length of time it would take for OSHA to inspect each workplace once: 89 yrs. Average penalty assessed for serious violation of the OSHAct, FY 2006: 7 $1,100 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 95 ARKANSAS Worker Safety and Health Number of employees:1 1,147,615 Number of establishments:1 77,630 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 80 Rate per 100,000 workers, 2005: 6.1 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 39 Total cases of workplace injuries and illnesses, 2005:4 42,200 Rate per 100 workers: 5.0 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 20,100 Rate per 100 workers: 2.4 National rate: 2.4 Number of state and local employees:1 169,398 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 10 Number of workplace safety and health inspections conducted, FY 2006:7 512 Construction: 350 Non-construction: 162 Length of time it would take for OSHA to inspect each workplace once: 145 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $933 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 96 CALIFORNIA Worker Safety and Health Number of employees:1 15,234,188 Number of establishments:1 1,221,898 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 465 Rate per 100,000 workers, 2005: 2.7 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 12 Total cases of workplace injuries and illnesses, 2005:4 503,700 Rate per 100 workers: 4.7 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 289,000 Rate per 100 workers: 2.7 National rate: 2.4 Number of state and local employees:1 2,106,904 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 231 Number of workplace safety and health inspections conducted, FY 2006:7 8,793 Construction: 3,087 Non-construction: 5,706 Length of time it would take for OSHA to inspect each workplace once: 139 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $5,398 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 97 COLORADO Worker Safety and Health Number of employees:1 2,189,516 Number of establishments:1 169,474 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 125 Rate per 100,000 workers, 2005: 5.2 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 34 Total cases of workplace injuries and illnesses, 2005:4 N/A Rate per 100 workers: N/A National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 N/A Rate per 100 workers: N/A National rate: 2.4 Number of state and local employees:1 293,323 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 26 Number of workplace safety and health inspections conducted, FY 2006:7 1,252 Construction: 771 Non-construction: 481 Length of time it would take for OSHA to inspect each workplace once: 133 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $886 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 98 CONNECTICUT Worker Safety and Health Number of employees:1 1,644,274 Number of establishments:1 110,005 State or federal OSHA program:2 Federal (public sector state plan only) Number of workplace fatalities, 2005:3 46 Rate per 100,000 workers, 2005: 2.6 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 8 Total cases of workplace injuries and illnesses, 2005:4 59,000 Rate per 100 workers: 5.0 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 33,500 Rate per 100 workers: 2.8 National rate: 2.4 Number of state and local employees:1 215,214 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 25 Number of workplace safety and health inspections conducted, FY 2006:7 1,171 Construction: 545 Non-construction: 626 Length of time it would take for OSHA to inspect each workplace once: 94 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $767 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 99 DELAWARE Worker Safety and Health Number of employees:1 417,692 Number of establishments:1 30,210 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 11 Rate per 100,000 workers, 2005: 2.6 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 8 Total cases of workplace injuries and illnesses, 2005:4 11,000 Rate per 100 workers: 3.7 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 5,700 Rate per 100 workers: 1.9 National rate: 2.4 Number of state and local employees:1 51,118 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 3 Number of workplace safety and health inspections conducted, FY 2006:7 142 Construction: 80 Non-construction: 62 Length of time it would take for OSHA to inspect each workplace once: 210 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $1,137 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 100 DISTRICT OF COLUMBIA Worker Safety and Health Number of employees:1 667,512 Number of establishments:1 30,641 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 12 Rate per 100,000 workers, 2005: 4.3 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 N/A Total cases of workplace injuries and illnesses, 2005:4 7,300 Rate per 100 workers: 2.0 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 3,500 Rate per 100 workers: 0.9 National rate: 2.4 Number of state and local employees:1 38,126 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 N/A Number of workplace safety and health inspections conducted, FY 2006:7 542 Construction: 516 Non-construction: 26 Length of time it would take for OSHA to inspect each workplace once: 56 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $689 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 101 FLORIDA Worker Safety and Health Number of employees:1 7,747,729 Number of establishments:1 557,571 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 406 Rate per 100,000 workers, 2005: 4.8 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 28 Total cases of workplace injuries and illnesses, 2005:4 246,300 Rate per 100 workers: 4.5 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 130,700 Rate per 100 workers: 2.4 National rate: 2.4 Number of state and local employees:1 924,149 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 48 Number of workplace safety and health inspections conducted, FY 2006:7 2,236 Construction: 1,542 Non-construction: 694 Length of time it would take for OSHA to inspect each workplace once: 247 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $1,049 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 102 GEORGIA Worker Safety and Health Number of employees:1 3,932,315 Number of establishments:1 253,789 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 200 Rate per 100,000 workers, 2005: 4.5 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 25 Total cases of workplace injuries and illnesses, 2005:4 125,400 Rate per 100 workers: 4.3 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 58,400 Rate per 100 workers: 2.0 National rate: 2.5 Number of state and local employees:1 549,402 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 36 Number of workplace safety and health inspections conducted, FY 2006:7 1,418 Construction: 841 Non-construction: 577 Length of time it would take for OSHA to inspect each workplace once: 174 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $1,043 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 103 HAWAII Worker Safety and Health Number of employees:1 603,668 Number of establishments:1 36,038 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 15 Rate per 100,000 workers, 2005: 2.3 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 4 Total cases of workplace injuries and illnesses, 2005:4 18,500 Rate per 100 workers: 4.9 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 11,500 Rate per 100 workers: 3.1 National rate: 2.4 Number of state and local employees:1 85,112 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 24 Number of workplace safety and health inspections conducted, FY 2006:7 896 Construction: 346 Non-construction: 550 Length of time it would take for OSHA to inspect each workplace once: 40 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $586 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 104 IDAHO Worker Safety and Health Number of employees:1 614,548 Number of establishments:1 51,889 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 35 Rate per 100,000 workers, 2005: 4.9 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 29 Total cases of workplace injuries and illnesses, 2005:4 N/A Rate per 100 workers: N/A National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 N/A Rate per 100 workers: N/A National rate: 2.4 Number of state and local employees:1 96,375 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 8 Number of workplace safety and health inspections conducted, FY 2006:7 555 Construction: 402 Non-construction: 153 Length of time it would take for OSHA to inspect each workplace once: 89 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $643 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 105 ILLINOIS Worker Safety and Health Number of employees:1 5,748,355 Number of establishments:1 338,207 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 194 Rate per 100,000 workers, 2005: 3.2 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 16 Total cases of workplace injuries and illnesses, 2005:4 170,100 Rate per 100 workers: 4.1 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 97,000 Rate per 100 workers: 2.4 National rate: 2.4 Number of state and local employees:1 716,475 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 56 Number of workplace safety and health inspections conducted, FY 2006:7 2,723 Construction: 1,449 Non-construction: 1,274 Length of time it would take for OSHA to inspect each workplace once: 121 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $757 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 106 INDIANA Worker Safety and Health Number of employees:1 2,873,795 Number of establishments:1 153,921 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 157 Rate per 100,000 workers, 2005: 5.1 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 33 Total cases of workplace injuries and illnesses, 2005:4 117,400 Rate per 100 workers: 5.8 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 57,500 Rate per 100 workers: 2.8 National rate: 2.4 Number of state and local employees:1 361,390 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 72 Number of workplace safety and health inspections conducted, FY 2006:7 1,442 Construction: 738 Non-construction: 704 Length of time it would take for OSHA to inspect each workplace once: 107 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $715 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 107 IOWA Worker Safety and Health Number of employees:1 1,446,568 Number of establishments:1 91,660 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 90 Rate per 100,000 workers, 2005: 5.6 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 36 Total cases of workplace injuries and illnesses, 2005:4 64,300 Rate per 100 workers: 6.5 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 30,200 Rate per 100 workers: 3.0 National rate: 2.4 Number of state and local employees:1 209,988 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 31 Number of workplace safety and health inspections conducted, FY 2006:7 751 Construction: 363 Non-construction: 388 Length of time it would take for OSHA to inspect each workplace once: 122 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $935 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. . Conversation with Mary Bryant, Administrator, in Division of Labor Services (3/21/05). 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 108 KANSAS Worker Safety and Health Number of employees:1 1,305,440 Number of establishments:1 82,917 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 81 Rate per 100,000 workers, 2005: 5.5 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 35 Total cases of workplace injuries and illnesses, 2005:4 46,800 Rate per 100 workers: 5.3 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 21,200 Rate per 100 workers: 2.4 National rate: 2.4 Number of state and local employees:1 212,437 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 15 Number of workplace safety and health inspections conducted, FY 2006:7 759 Construction: 459 Non-construction: 300 Length of time it would take for OSHA to inspect each workplace once: 103 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $592 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 109 KENTUCKY Worker Safety and Health Number of employees:1 1,757,997 Number of establishments:1 106,058 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 122 Rate per 100,000 workers, 2005: 6.3 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 42 Total cases of workplace injuries and illnesses, 2005:4 75,900 Rate per 100 workers: 6.2 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 38,400 Rate per 100 workers: 3.1 National rate: 2.4 Number of state and local employees:1 256,695 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 49 Number of workplace safety and health inspections conducted, FY 2006:7 1,613 Construction: 896 Non-construction: 717 Length of time it would take for OSHA to inspect each workplace once: 65 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $1,322 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 110 LOUISIANA Worker Safety and Health Number of employees:1 1,841,046 Number of establishments:1 119,406 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 111 Rate per 100,000 workers, 2005: 5.6 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 36 Total cases of workplace injuries and illnesses, 2005:4 40,300 Rate per 100 workers: 3.1 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 19,300 Rate per 100 workers: 1.5 National rate: 2.4 Number of state and local employees:1 323,966 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 18 Number of workplace safety and health inspections conducted, FY 2006:7 616 Construction: 284 Non-construction: 332 Length of time it would take for OSHA to inspect each workplace once: 184 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $646 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 111 MAINE Worker Safety and Health Number of employees:1 594,481 Number of establishments:1 48,332 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 15 Rate per 100,000 workers, 2005: 2.2 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 3 Total cases of workplace injuries and illnesses, 2005:4 28,900 Rate per 100 workers: 7.2 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 15,800 Rate per 100 workers: 3.9 National rate: 2.4 Number of state and local employees:1 85,106 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 11 Number of workplace safety and health inspections conducted, FY 2006:7 609 Construction: 411 Non-construction: 198 Length of time it would take for OSHA to inspect each workplace once: 75 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $723 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 112 MARYLAND Worker Safety and Health Number of employees:1 2,497,487 Number of establishments:1 160,084 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 95 Rate per 100,000 workers, 2005: 3.3 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 17 Total cases of workplace injuries and illnesses, 2005:4 72,700 Rate per 100 workers: 4.2 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 37,400 Rate per 100 workers: 2.2 National rate: 2.4 Number of state and local employees:1 322,876 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 20076 63 Number of workplace safety and health inspections conducted, FY 2006:7 1,026 Construction: 750 Non-construction: 276 Length of time it would take for OSHA to inspect each workplace once: 156 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $737 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 113 MASSACHUSETTS Worker Safety and Health Number of employees:1 3,159,934 Number of establishments:1 214,349 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 75 Rate per 100,000 workers, 2005: 2.3 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 4 Total cases of workplace injuries and illnesses, 2005:4 93,000 Rate per 100 workers: 4.2 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 51,600 Rate per 100 workers: 2.3 National rate: 2.4 Number of state and local employees:1 351,781 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 32 Number of workplace safety and health inspections conducted, FY 2006:7 1,792 Construction: 1,033 Non-construction: 759 Length of time it would take for OSHA to inspect each workplace once: 117 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $939 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 114 MICHIGAN Worker Safety and Health Number of employees:1 4,297,017 Number of establishments:1 257,035 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 110 Rate per 100,000 workers, 2005: 2.3 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 4 Total cases of workplace injuries and illnesses, 2005:4 161,700 Rate per 100 workers: 5.3 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 81,100 Rate per 100 workers: 2.7 National rate: 2.4 Number of state and local employees:1 577,962 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 86 Number of workplace safety and health inspections conducted, FY 2006:7 5,123 Construction: 3,193 Non-construction: 1,930 Length of time it would take for OSHA to inspect each workplace once: 50 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $460 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 115 MINNESOTA Worker Safety and Health Number of employees:1 2,640,326 Number of establishments:1 164,164 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 87 Rate per 100,000 workers, 2005: 3.1 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 15 Total cases of workplace injuries and illnesses, 2005:4 90,600 Rate per 100 workers: 5.0 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 44,300 Rate per 100 workers: 2.5 National rate: 2.4 Number of state and local employees:1 340,596 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 55 Number of workplace safety and health inspections conducted, FY 2006:7 2,600 Construction: 1,119 Non-construction: 1,481 Length of time it would take for OSHA to inspect each workplace once: 63 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $632 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 116 MISSISSIPPI Worker Safety and Health Number of employees:1 1,111,269 Number of establishments:1 67,380 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 112 Rate per 100,000 workers, 2005: 8.9 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 48 Total cases of workplace injuries and illnesses, 2005:4 N/A Rate per 100 workers: N/A National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 N/A Rate per 100 workers: N/A National rate: 2.4 Number of state and local employees:1 207,858 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 11 Number of workplace safety and health inspections conducted, FY 2006:7 328 Construction: 211 Non-construction: 117 Length of time it would take for OSHA to inspect each workplace once: 196 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $901 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 117 MISSOURI Worker Safety and Health Number of employees:1 2,664,447 Number of establishments:1 169,717 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 185 Rate per 100,000 workers, 2005: 6.4 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 44 Total cases of workplace injuries and illnesses, 2005:4 102,600 Rate per 100 workers: 5.4 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 49,400 Rate per 100 workers: 2.6 National rate: 2.4 Number of state and local employees:1 362,812 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 28 Number of workplace safety and health inspections conducted, FY 2006:7 1,433 Construction: 765 Non-construction: 668 Length of time it would take for OSHA to inspect each workplace once: 113 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $724 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 118 MONTANA Worker Safety and Health Number of employees:1 413,460 Number of establishments:1 40,118 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 50 Rate per 100,000 workers, 2005: 10.3 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 49 Total cases of workplace injuries and illnesses, 2005:4 17,000 Rate per 100 workers: 6.6 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 7,500 Rate per 100 workers: 2.9 National rate: 2.4 Number of state and local employees:1 65,833 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 6 Number of workplace safety and health inspections conducted, FY 2006:7 378 Construction: 251 Non-construction: 127 Length of time it would take for OSHA to inspect each workplace once: 101 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $626 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 119 NEBRASKA Worker Safety and Health Number of employees:1 892,397 Number of establishments:1 56,678 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 36 Rate per 100,000 workers, 2005: 3.8 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 21 Total cases of workplace injuries and illnesses, 2005:4 30,400 Rate per 100 workers: 5.0 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 14,700 Rate per 100 workers: 2.4 National rate: 2.4 Number of state and local employees:1 136,510 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 7 Number of workplace safety and health inspections conducted, FY 2006:7 375 Construction: 214 Non-construction: 161 Length of time it would take for OSHA to inspect each workplace once: 143 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $1,037 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 120 NEVADA Worker Safety and Health Number of employees:1 1,215,783 Number of establishments:1 67,344 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 57 Rate per 100,000 workers, 2005: 4.9 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 29 Total cases of workplace injuries and illnesses, 2005:4 50,800 Rate per 100 workers: 5.7 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 25,900 Rate per 100 workers: 2.9 National rate: 2.4 Number of state and local employees:1 123,911 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 36 Number of workplace safety and health inspections conducted, FY 2006:7 2,531 Construction: 1,584 Non-construction: 947 Length of time it would take for OSHA to inspect each workplace once: 27 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $1,199 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 121 NEW HAMPSHIRE Worker Safety and Health Number of employees:1 620,893 Number of establishments:1 47,454 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 18 Rate per 100,000 workers, 2005: 2.5 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 7 Total cases of workplace injuries and illnesses, 2005:4 N/A Rate per 100 workers: N/A National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 N/A Rate per 100 workers: N/A National rate: 2.4 Number of state and local employees:1 76,872 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 10 Number of workplace safety and health inspections conducted, FY 2006:7 467 Construction: 304 Non-construction: 163 Length of time it would take for OSHA to inspect each workplace once: 98 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $849 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 122 NEW JERSEY Worker Safety and Health Number of employees:1 3,917,397 Number of establishments:1 270,858 State or federal OSHA program:2 Federal (public sector state plan only) Number of workplace fatalities, 2005:3 112 Rate per 100,000 workers, 2005: 2.6 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 8 Total cases of workplace injuries and illnesses, 2005:4 104,400 Rate per 100 workers: 3.8 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 55,100 Rate per 100 workers: 2.0 National rate: 2.4 Number of state and local employees:1 546,938 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 65 Number of workplace safety and health inspections conducted, FY 2006:7 3,610 Construction: 1,195 Non-construction: 2,415 Length of time it would take for OSHA to inspect each workplace once: 75 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $815 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 123 NEW MEXICO Worker Safety and Health Number of employees:1 778,233 Number of establishments:1 50,420 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 44 Rate per 100,000 workers, 2005: 4.7 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 27 Total cases of workplace injuries and illnesses, 2005:4 22,400 Rate per 100 workers: 4.4 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 11,100 Rate per 100 workers: 2.2 National rate: 2.4 Number of state and local employees:1 151,050 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 10 Number of workplace safety and health inspections conducted, FY 2006:7 636 Construction: 337 Non-construction: 299 Length of time it would take for OSHA to inspect each workplace once: 78 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $758 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 124 NEW YORK Worker Safety and Health Number of employees:1 8,348,739 Number of establishments:1 558,405 State or federal OSHA program:2 Federal (public sector state plan only) Number of workplace fatalities, 2005:3 239 Rate per 100,000 workers, 2005: 2.7 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 12 Total cases of workplace injuries and illnesses, 2005:4 176,500 Rate per 100 workers: 3.2 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 94,500 Rate per 100 workers: 1.7 National rate: 2.4 Number of state and local employees:1 1,291,562 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 126 Number of workplace safety and health inspections conducted, FY 2006:7 5,569 Construction: 2,828 Non-construction: 2,741 Length of time it would take for OSHA to inspect each workplace once: 100 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $928 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 125 NORTH CAROLINA Worker Safety and Health Number of employees:1 3,856,748 Number of establishments:1 233,808 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 165 Rate per 100,000 workers, 2005: 3.8 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 21 Total cases of workplace injuries and illnesses, 2005:4 107,600 Rate per 100 workers: 4.0 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 56,300 Rate per 100 workers: 2.1 National rate: 2.4 Number of state and local employees:1 586,178 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 122 Number of workplace safety and health inspections conducted, FY 2006:7 5,141 Construction: 2,484 Non-construction: 2,657 Length of time it would take for OSHA to inspect each workplace once: 45 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $529 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 126 NORTH DAKOTA Worker Safety and Health Number of employees:1 328,097 Number of establishments:1 24,841 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 22 Rate per 100,000 workers, 2005: 6.3 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 42 Total cases of workplace injuries and illnesses, 2005:4 N/A Rate per 100 workers: N/A National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 N/A Rate per 100 workers: N/A National rate: 2.4 Number of state and local employees:1 53,440 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 7 Number of workplace safety and health inspections conducted, FY 2006:7 262 Construction: 182 Non-construction: 80 Length of time it would take for OSHA to inspect each workplace once: 89 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $664 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 127 OHIO Worker Safety and Health Number of employees:1 5,308,808 Number of establishments:1 290,040 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 168 Rate per 100,000 workers, 2005: 3.0 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 14 Total cases of workplace injuries and illnesses, 2005:4 N/A Rate per 100 workers: N/A National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 N/A Rate per 100 workers: N/A National rate: 2.4 Number of state and local employees:1 676,623 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 57 Number of workplace safety and health inspections conducted, FY 2006:7 2,669 Construction: 1,465 Non-construction: 1,204 Length of time it would take for OSHA to inspect each workplace once: 103 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $923 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 128 OKLAHOMA Worker Safety and Health Number of employees:1 1,465,969 Number of establishments:1 94,703 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 95 Rate per 100,000 workers, 2005: 5.7 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 38 Total cases of workplace injuries and illnesses, 2005:4 47,300 Rate per 100 workers: 4.6 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 25,900 Rate per 100 workers: 2.6 National rate: 2.4 Number of state and local employees:1 261,217 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 17 Number of workplace safety and health inspections conducted, FY 2006:7 664 Construction: 421 Non-construction: 243 Length of time it would take for OSHA to inspect each workplace once: 132 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $889 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 129 OREGON Worker Safety and Health Number of employees:1 1,652,773 Number of establishments:1 121,435 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 65 Rate per 100,000 workers, 2005: 3.6 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 18 Total cases of workplace injuries and illnesses, 2005:4 59,200 Rate per 100 workers: 5.4 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 31,800 Rate per 100 workers: 2.9 National rate: 2.4 Number of state and local employees:1 236,292 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 83 Number of workplace safety and health inspections conducted, FY 2006:7 5,041 Construction: 1,807 Non-construction: 3,234 Length of time it would take for OSHA to inspect each workplace once: 24 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $300 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 130 PENNSYLVANIA Worker Safety and Health Number of employees:1 5,552,301 Number of establishments:1 329,487 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 224 Rate per 100,000 workers, 2005: 3.7 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 20 Total cases of workplace injuries and illnesses, 2005:4 N/A Rate per 100 workers: N/A National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 N/A Rate per 100 workers: N/A National rate: 2.4 Number of state and local employees:1 609,260 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 67 Number of workplace safety and health inspections conducted, FY 2006:7 3,045 Construction: 1,613 Non-construction: 1,432 Length of time it would take for OSHA to inspect each workplace once: 105 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $839 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 131 RHODE ISLAND Worker Safety and Health Number of employees:1 477,420 Number of establishments:1 35,643 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 6 Rate per 100,000 workers, 2005: 1.1 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 1 Total cases of workplace injuries and illnesses, 2005:4 17,800 Rate per 100 workers: 5.5 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 9,200 Rate per 100 workers: 2.8 National rate: 2.4 Number of state and local employees:1 52,685 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 7 Number of workplace safety and health inspections conducted, FY 2006:7 365 Construction: 247 Non-construction: 118 Length of time it would take for OSHA to inspect each workplace once: 96 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $785 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 132 SOUTH CAROLINA Worker Safety and Health Number of employees:1 1,819,217 Number of establishments:1 118,502 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 132 Rate per 100,000 workers, 2005: 6.7 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 45 Total cases of workplace injuries and illnesses, 2005:4 44,500 Rate per 100 workers: 3.6 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 24,000 Rate per 100 workers: 1.9 National rate: 2.4 Number of state and local employees:1 289,884 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 31 Number of workplace safety and health inspections conducted, FY 2006:7 1,680 Construction: 1,186 Non-construction: 494 Length of time it would take for OSHA to inspect each workplace once: 70 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $358 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 133 SOUTH DAKOTA Worker Safety and Health Number of employees:1 375,707 Number of establishments:1 29,138 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 31 Rate per 100,000 workers, 2005: 7.5 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 46 Total cases of workplace injuries and illnesses, 2005:4 N/A Rate per 100 workers: N/A National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 N/A Rate per 100 workers: N/A National rate: 2.4 Number of state and local employees:1 57,826 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 N/A Number of workplace safety and health inspections conducted, FY 2006:7 180 Construction: 123 Non-construction: 57 Length of time it would take for OSHA to inspect each workplace once: 153 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $559 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 134 TENNESSEE Worker Safety and Health Number of employees:1 2,685,491 Number of establishments:1 131,579 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 139 Rate per 100,000 workers, 2005: 5.0 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 32 Total cases of workplace injuries and illnesses, 2005:4 90,600 Rate per 100 workers: 4.8 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 47,300 Rate per 100 workers: 2.5 National rate: 2.4 Number of state and local employees:1 349,255 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 60 Number of workplace safety and health inspections conducted, FY 2006:7 2,324 Construction: 673 Non-construction: 1,651 Length of time it would take for OSHA to inspect each workplace once: 57 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $885 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 135 TEXAS Worker Safety and Health Number of employees:1 9,583,457 Number of establishments:1 523,346 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 495 Rate per 100,000 workers, 2005: 4.6 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 26 Total cases of workplace injuries and illnesses, 2005:4 246,000 Rate per 100 workers: 3.6 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 135,700 Rate per 100 workers: 2.0 National rate: 2.4 Number of state and local employees:1 1,474,747 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 86 Number of workplace safety and health inspections conducted, FY 2006:7 3,820 Construction: 2,487 Non-construction: 1,333 Length of time it would take for OSHA to inspect each workplace once: 132 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $1,014 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 136 UTAH Worker Safety and Health Number of employees:1 1,115,375 Number of establishments:1 81,172 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 54 Rate per 100,000 workers, 2005: 4.4 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 24 Total cases of workplace injuries and illnesses, 2005:4 41,000 Rate per 100 workers: 5.6 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 18,700 Rate per 100 workers: 2.6 National rate: 2.4 Number of state and local employees:1 154,824 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 19 Number of workplace safety and health inspections conducted, FY 2006:7 758 Construction: 381 Non-construction: 377 Length of time it would take for OSHA to inspect each workplace once: 107 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $1,073 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 137 VERMONT Worker Safety and Health Number of employees:1 300,919 Number of establishments:1 24,568 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 7 Rate per 100,000 workers, 2005: 2.0 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 2 Total cases of workplace injuries and illnesses, 2005:4 12,800 Rate per 100 workers: 6.2 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 5,700 Rate per 100 workers: 2.8 National rate: 2.4 Number of state and local employees:1 45,081 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 10 Number of workplace safety and health inspections conducted, FY 2006:7 269 Construction: 130 Non-construction: 139 Length of time it would take for OSHA to inspect each workplace once: 91 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $546 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 138 VIRGINIA Worker Safety and Health Number of employees:1 3,578,558 Number of establishments:1 212,792 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 186 Rate per 100,000 workers, 2005: 4.9 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 29 Total cases of workplace injuries and illnesses, 2005:4 99,400 Rate per 100 workers: 4.0 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 49,800 Rate per 100 workers: 2.0 National rate: 2.4 Number of state and local employees:1 495,444 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 62 Number of workplace safety and health inspections conducted, FY 2006:7 3,954 Construction: 2,646 Non-construction: 1,308 Length of time it would take for OSHA to inspect each workplace once: 54 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $473 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 139 WASHINGTON Worker Safety and Health Number of employees:1 2,766,451 Number of establishments:1 209,116 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 85 Rate per 100,000 workers, 2005: 2.6 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 8 Total cases of workplace injuries and illnesses, 2005:4 109,900 Rate per 100 workers: 6.1 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 52,000 Rate per 100 workers: 2.9 National rate: 2.4 Number of state and local employees:1 432,130 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 119 Number of workplace safety and health inspections conducted, FY 2006:7 7,137 Construction: 3,679 Non-construction: 3,458 Length of time it would take for OSHA to inspect each workplace once: 29 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $384 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 140 WEST VIRGINIA Worker Safety and Health Number of employees:1 695,382 Number of establishments:1 47,993 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 46 Rate per 100,000 workers, 2005: 6.1 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 39 Total cases of workplace injuries and illnesses, 2005:4 26,800 Rate per 100 workers: 5.5 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 14,900 Rate per 100 workers: 3.1 National rate: 2.4 Number of state and local employees:1 114,702 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 8 Number of workplace safety and health inspections conducted, FY 2006:7 495 Construction: 183 Non-construction: 312 Length of time it would take for OSHA to inspect each workplace once: 90 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $710 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 141 WISCONSIN Worker Safety and Health Number of employees:1 2,744,006 Number of establishments:1 161,225 State or federal OSHA program:2 Federal Number of workplace fatalities, 2005:3 125 Rate per 100,000 workers, 2005: 4.3 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005:8 23 Total cases of workplace injuries and illnesses, 2005:4 109,900 Rate per 100 workers: 5.8 National Rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 56,900 Rate per 100 workers: 3.0 National rate: 2.4 Number of state and local employees:1 349,709 Are state and local employees covered by the OSHAct?2 No Number of workplace safety and health inspectors, FY 2007:6 36 Number of workplace safety and health inspections conducted, FY 2006:7 1,503 Construction: 743 Non-construction: 760 Length of time it would take for OSHA to inspect each workplace once: 103 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $848 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 5 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007. 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 142 WYOMING Worker Safety and Health Number of employees:1 254,418 Number of establishments:1 23,033 State or federal OSHA program:2 State Number of workplace fatalities, 2005:3 46 Rate per 100,000 workers, 2005: 16.8 National Rate, 2005: 4.0 Ranking of state fatality rate, 2005: 50 Total cases of workplace injuries and illnesses, 2005:4 9,500 Rate per 100 workers: 5.8 National rate: 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 4,800 Rate per 100 workers: 2.9 National rate: 2.4 Number of state and local employees:1 51,729 Are state and local employees covered by the OSHAct?2 Yes Number of workplace safety and health inspectors, FY 2007:6 8 Number of workplace safety and health inspections conducted, FY 2006:7 392 Construction: 243 Non-construction: 149 Length of time it would take for OSHA to inspect each workplace once: 58 yrs. Average penalty assessed for serious violations of the OSHAct, FY 2006:7 $515 National average: $881 1 U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. 2 Under §18 of the Occupational Safety and Health Act, a state may elect to run its own occupational safety and health program, provided that it is as effective as the federal program. One condition of operating a state plan is that the program must cover state and local employees who otherwise are not covered by the OSHAct. Currently 21 states and one territory administer their own OSHA programs for both public and private sector workers. CT, NJ, NY and VI have state programs for public employees only. 3 U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 4 U.S. Department of Labor, Bureau of Labor Statistics, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, Bureau of Labor Statistics, State Data, Survey of Fatal Occupational Injuries and Illnesses, 2005. 6 U.S. Department of Labor, OSHA. Summary of State Safety and Health Compliance Staffing, FY 2007, Federal-State operations and CSHO totals by state, FY 2007 7 U.S. Department of Labor, OSHA IMIS Inspection Reports, Nation by Region for 18(B) State (only) and/or Nation by Region for Federal (only), FY 2006. 8 Ranking based on best to worst (1=best; 50=worst) Prepared by AFL-CIO Safety and Health, April 2007 143 SOURCES AND METHODOLOGY FOR STATE PROFILES Employment and Establishment Data: Employment and Wages, Annual Averages, 2005, Bureau of Labor Statistics, U.S. Department of Labor. Coverage of State and Local Employees: OSHA coverage of state and local employees depends on whether the state has adopted and runs its own OSHA program. States that run their own OSHA programs are required, as a condition of gaining federal approval, to cover state and local employees. Public employees in the 26 states that do not run their own OSHA programs are not covered by the OSHAct. Statistics on the number of state and local employees are from Employment and Wages, Annual Averages, 2005 Workplace Fatality Information: Census of Fatal Occupational Injuries, 2005. Bureau of Labor Statistics, U.S. Department of Labor. Rate reflects fatalities per 100,000 workers. Private Sector Injury and Illness Data: Survey of Occupational Injuries and Illnesses, 2005 Bureau of Labor Statistics, U.S. Department of Labor. Rate reflects injuries and illnesses per 100 workers. Inspector Information: The number of federal OSHA inspectors comes from OSHA records and reflects the number of inspectors, excluding supervisors and discrimination complaint inspectors. For the state-by-state profiles, inspectors are counted for the state in which the area office is located. Inspector data for state-plan states is from OSHA's Office of State Programs, and reflects the number of inspectors requested by the states in the FY 2006 state plan grant applications. National total for inspectors includes inspectors from U.S. territories and protectorates: District of Columbia, Virgin Islands, and Puerto Rico. Inspection Information: The number of inspections comes from OSHA’s Integrated Management Information System (IMIS). Two reports are obtained from IMIS: Region by State for Federal (only) and Region by State for 18(b) State (only), both for FY 2006. The inspection ratio is determined by dividing the number of inspections conducted in the state into the number of establishments in the state under the jurisdiction of the agency (as determined by the Bureau of Labor Statistics data cited above). For states covered by federal OSHA, the number of covered establishments includes private sector establishments (excluding mines, which are covered by the Mine Safety and Health Act) and federal establishments. For states that run their own OSHA programs, the number of establishments includes all private sector establishments (excluding mines), state and local establishments, and federal establishments. (Federal OSHA conducts a limited number of inspections in state-plan states, presumably federal facilities and maritime operations, for which state OSHA programs are not responsible. Both these inspections and these establishments are included in the state profiles). It should be noted that the national average includes inspection data from U.S. territories and protectorates: District of Columbia, Virgin Islands, Puerto Rico, Guam, American Samoa and the Marshall Islands. Penalty Information: Data on average penalties comes from the above referenced IMIS reports. Average penalty data is divided into individual state penalties, federal OSHA states penalties, state OSHA states penalties and a national average of penalties. The average penalty numbers are ascertained by dividing the total cost for serious penalties by the total number of serious violations. It should be noted that the national average includes penalty data from U.S. territories and protectorates: District of Columbia, Virgin Islands, Puerto Rico, Guam, American Samoa and the Marshall Islands. The Length of Time it Would Take for OSHA to Inspect Each Establishment Once: This information is calculated separately for each federal OSHA state, each state plan OSHA state, an average for federal OSHA states and state plan OSHA states and a national average for all states for one time inspections. Establishment data is obtained from Employment and Wages, Annual Averages, 2005, at www.bls.gov/cew/cewbultn05.htm. 145 For individual federal OSHA states, the total number of private industry (except mines) plus federal establishments is divided by the number of inspections per federal OSHA state. For Connecticut, New York and New Jersey, the total number of establishments (except mines) is divided by the number of federal inspections plus the number of 18(b) state inspections. For individual state plan OSHA states, the total number of establishments (except mines) is divided by the number of inspections per state. For the average of federal or state plans to inspect establishments one time, the total number of establishments calculated above for individual federal or state plan states are added together and then divided by the total federal or state inspections, respectively. For federal states, Connecticut, New York and New Jersey, the number of establishments includes the total number of private industry (minus mines) plus federal establishments and the number of inspections includes only federal inspections conducted in those states. For the national average for one time inspections, the total number of establishments from the number calculated by the aforementioned procedure for both federal states and state plan states are added together then divided by the total federal and state inspections. NOTES: Due to the revised recordkeeping rule, which became effective January 1, 2002, the estimates from the 2002 BLS Survey of Occupational Injuries and Illnesses are not comparable with those from previous years. Among the changes that could affect comparisons are: changes to the list of low-hazard industries that are exempt from recordkeeping, employers are no longer required to record all illnesses regardless of severity, there is a new category of injuries/illnesses diagnosed by a physician or health care professional, changes to the definition of first aid, and days away from work are recorded as calendar days. For a complete list of the major changes, see the OSHA website at http://www.osha.gov/recordkeeping/RKmajorchanges.html. Beginning with the 2003 reference year, both CFOI and the Survey of Occupational Injuries and Illnesses began using the 2002 North American Industry Classification System (NAICS) for industries and the Standard Occupation Classification system (SOC) for occupations. Prior to 2003, the surveys used the Standard Industrial Classification (SIC) system and the Bureau of the Census occupational classification system. The substantial differences between these systems result in breaks in series for industry and occupational data. Therefore this report makes no comparisons between the 2005 industry and occupation categories and the results from previous years. 146 American Federation of Labor & Congress of Industrial Organizations 815 16th St., N.W., Washington, D.C. 20006 202-637-5000 John J. Sweeney President Richard L. Trumka Secretary-Treasurer Linda Chavez-Thompson Executive Vice President WM075003