On Jan. 8, 2013, the Occupational Safety and Health Administration (OSHA) announced that at least 1,260 randomly selected establishments will be inspected by OSHA as part of its Site-Specific Targeting (SST) Program. The initial focus will be on workplaces with above-average injury and illness rates in high-hazard industries.
Although the Program was named Site-Specific Targeting 2012 (SST-12), it became effective on Jan. 4, 2013 and is anticipated to continue through January 2014. According to OSHA, the SST-12 Program is aimed at preventing injuries and illnesses and saving lives “by focusing [its] inspection resources on employers in high-hazard worksites, where workers are at greater risk.”
This year’s Program will focus on non-construction employers with 20 or more employees, which previously had a threshold of at least 40 employees. The Primary Inspection List for SST-12, will focus on employers “most likely to be experiencing elevated rates and numbers of occupational injuries and illnesses” based on prior data collections. For manufacturing employers, OSHA will focus on “days away, restricted, or transferred” (DART) rate of seven of employees for every 100 workers (7.0) or a “days away from work injury and illness” (DAWII) rate of five employees for every 100 workers (5.0). For non-manufacturing companies, the threshold is a DART rate of 15.0 or above or a DAFWII rate of 14.0 or above.
Based on these initial inspection criteria, OSHA will formulate a Secondary Inspection List, which could expand the number of inspections well beyond the 1,260 selected establishments. This Secondary List could subject the following employers to inspections:
- Manufacturing establishments with a DART rate of 5.0 or greater, or a DAFWII case rate of 4.0 or greater;
- Non-manufacturing establishments with a DART rate of 7.0 or greater, or a DAFWII case rate of 5.0 or greater; and
- Nursing and personal care facilities as established under OSHA Directive CPL 03-00-016, National Emphasis Program – Nursing and Personal Care Facilities.
Finally, even if an establishment has fewer than 20 employees at the time OSHA arrives on site to begin the inspection, that inspection will still take place if the establishment has more than 10 employees and either its calculated DART rate is 3.6 or greater, or DAFWII case rate is 2.2 or greater, or if or records are not available.© 2014 BARNES & THORNBURG LLP