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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Activity, FY 2006 45 OSHA Ergonomics General Duty Citations 46 OSHA Standards Since 1971 47 OSHA Regulations Withdrawn 50 Permissible Exposure Limits Comparison 51 Federal OSHA Budget and Personnel 52 Job Safety and Health Appropriations, FY 2001-2008 53 Funding for Worker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 Metal and Nonmetal Fatalities by State, 1993-2006 Coal and Metal-Nonmetal Fatality Comparisons MSHA Regulations Withdrawn III. State Comparisons Charts and Graphs: Years Needed for OSHA to Inspect All Jobsites OSHA Inspectors Compared to ILO Benchmark Profile of Workplace Safety and Health in the U.S. Workplace Safety and Health Statistics by State, 2000-2005 Workplace Fatalities by State, 1992-2005 Fatal Occupational Injuries by State and Event or Exposure Hispanic Worker Fatalities by State, 1992-2005 Foreign-Born Worker Fatalities by State, 1992-2005 IV. State Profiles V. Sources and Methodology Page 61 63 64 65 67 68 71 75 78 81 84 87 91 145 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 AfricanAmerican, 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 longterm 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 (RTN) 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. 4554. 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-ofdate 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 jobsafety 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 1970........ 1971........ 1972........ 1973........ 1974........ 1975........ 1976........ 1977........ 1978........ 1979........ 1980........ 1981........ 1982........ 1983........ 1984........ 1985........ 1986........ 1987........ 1988........ 1989........ Work Deaths 13,800 13,700 14,000 14,300 13,500 13,000 12,500 12,900 13,100 13,000 13,200 12,500 11,900 11,700 11,500 11,500 11,100 11,300 10,800 10,400 Employment (000)3 77,700 78,500 81,300 84,300 86,200 85,200 88,100 91,500 95,500 98,300 98,800 99,800 98,800 100,100 104,300 106,400 108,900 111,700 114,300 116,700 Fatality Rate4 18 17 17 17 16 15 14 14 14 13 13 13 12 12 11 11 10 10 9 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 WORKPLACE FATALITY RATES BY INDUSTRY SECTOR, 1970 - 2002 1,2 28 Year 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Fat. Rate All Ind. 18 17 17 17 16 15 14 14 14 13 13 13 12 12 11 11 10 10 10 9 9 8 8 8 5 5 4.8 4.7 4.5 4.5 4.3 4.3 4.0 Fat. Rate Mfg. 9 9 9 9 8 9 9 9 9 8 8 7 6 6 6 6 5 5 6 6 5 4 4 4 4 3 3.5 3.6 3.3 3.6 3.3 3.2 3.1 Fat. Rate Const. 69 68 68 56 53 52 45 47 48 46 45 42 40 39 39 40 37 33 34 32 33 31 24 22 15 15 13.9 14.1 14.5 14.0 12.9 13.3 12.2 Fat. Rate Mining 100 83 100 83 71 63 63 63 56 56 50 55 50 50 50 40 38 38 38 43 43 43 29 25 27 25 26.8 25.0 23.6 21.5 30.0 30.0 23.5 Fat. Rate Gov't 13 13 13 14 13 12 11 11 11 10 11 10 11 10 9 8 8 9 9 10 10 11 12 11 3 4 3.0 3.2 3.0 2.8 2.8 3.1 2.7 Fat. Rate Agric. 64 63 58 58 54 58 54 51 52 54 56 54 52 52 49 49 55 53 48 40 42 44 37 24 26 22 22.2 23.4 22.3 24.1 20.9 22.8 22.7 Fat. Rate Trans/Util. N/A N/A N/A 38 35 33 31 32 29 30 28 31 26 28 29 27 29 26 26 25 20 18 20 13 12 12 13.1 13.2 11.8 12.7 11.8 11.2 11.3 Fat. Rate Trade N/A N/A N/A 8 7 7 7 6 7 6 6 5 5 5 5 5 4 5 4 4 4 3 4 2 2 3 3.1 3.4 2.7 2.7 3.0 2.7 2.5 Fat. Rate Service N/A N/A N/A 11 10 10 9 8 7 8 7 7 6 7 7 6 5 6 5 5 4 4 3 2 2 2 2.2 2.0 2.0 1.9 2.0 1.9 1.7 Fat. Rate Finance N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 1.5 1.2 1.1 1.2 0.9 1.0 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 Fatality Rate, All Industries Natural resources and mining Agriculture, forestry, fishing and hunting Mining Construction Manufacturing Trade, transportation and utilities Wholesale trade Retail trade Transportation and warehousing Utilities Information Financial Activities Professional and business services Educational and health services Leisure and hospitality Other services, except public administration Government 2003 4.0 31.2 26.9 11.7 2.5 4.2 2.1 17.5 3.7 1.8 1.4 3.3 0.8 2.4 2.8 2.5 2004 4.1 30.5 28.3 12.0 2.8 4.5 2.3 18.0 6.1 1.7 1.2 3.3 0.8 2.2 3.0 2.5 2005 4.0 32.5 25.6 11.0 2.4 4.4 2.4 17.6 3.6 2.1 1.0 3.5 0.8 1.8 3.0 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 Occupational Fatalities by Industry, 2005 Private Sector, Government and Self Employed (Total Fatalities 5,734) Other services 208 4% Government 514 9% Leisure and hospitality 210 4% Health care and social assistance 104 2% Educational services 45 1% Professional and business services 481 8% Financial activities 98 2% Information 67 1% Utilities 30 1% Transportation and warehousing 881 15% Retail trade 397 7% Agriculture, forestry, fishing and hunting 714 13% Mining 159 3% Construction 1,186 21% Manufacturing 393 7% Wholesale trade 204 4% 30 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 Logging workers Aircraft pilots and flight engineers 66.9 Structural Iron & Steel Workers Refuse & Recyclable Material Collectors Farmers & Ranchers Electrical powerline installers and repairers Drivers/Sales workers and truck drivers Miscellaneous agricultural workers 55.6 43.8 41.1 32.7 29.1 23.2 Construction laborers 22.7 0.0 25.0 50.0 75.0 Source: U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries, 2005. 92.9 100.0 118.4 125.0 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 Black or African American 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 3,977 618 649 695 684 615 661 583 627 575 565 491 543 546 584 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. Number of Fatal Occupational Injuries to Hispanic or Latino Workers, 1992-2005 1000 923 895 902 900 841 815 794 800 730 707 700 658 634 624 619 638 600 533 500 400 300 200 100 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 33 Source: U.S. Department of Labor, Bureau of Labor Statistics, Census of Fatal Occupational Injuries 7 6 5.4 5.0 5 4 Rate1 of Fatal Occupational Injuries to Hispanic or Latino Workers, 1995-2005 5.3 4.8 5.1 4.7 5.2 4.5 5.2 4.5 5.6 4.3 6.0 4.3 5.0 4.0 4.5 4.0 5.0 4.1 4.9 4.0 3 2 1 0 1995 1996 1997 1998 1999 2000 2001 Hispanic Fatality Rate National Fatality Rate 2002 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. 2003 2004 2005 Occupational Injuries and Illnesses Since the Passage of OSHA1 Occupational Injury and Illness Incidence Rates Private Sector, 1972-2005 (Per 100 Workers) Year 1972........ 1973........ 1974........ 1975........ 1976........ 1977........ 1978........ 1979........ Total Case Rate 10.9 11.0 10.4 9.1 9.2 9.3 9.4 9.5 Cases with Days Away from Work, Job Transfer or Restriction1 Total Cases with Days Away Cases with Job Transfer From Work or Restriction 3.3 N/A N/A 3.4 N/A N/A 3.5 N/A N/A 3.3 N/A N/A 3.5 3.3 0.2 3.8 3.6 0.2 4.1 3.8 0.3 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 Year 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 WORKPLACE INJURY AND ILLNESS RATES BY INDUSTRIAL SECTOR 1973 - 2002 1 Per 100 Full Time Workers Total Case Rate All Ind. 11.0 10.4 9.1 9.2 9.3 9.4 9.5 8.7 8.3 7.7 7.6 8.0 7.9 7.9 8.3 8.6 8.6 8.8 8.4 8.9 8.6 8.4 8.1 7.4 7.1 6.7 6.3 6.1 5.7 5.3 Total Case Rate Mfg. 15.3 14.6 13.0 13.2 13.1 13.2 13.3 12.2 11.5 10.2 10.0 10.6 10.4 10.6 11.9 13.1 13.1 13.2 12.7 12.5 12.1 12.2 11.6 10.6 10.3 9.7 9.2 9.0 8.1 7.2 Total Case Rate Const. 19.8 18.3 16.0 15.3 15.5 16.0 16.2 15.7 15.1 14.6 14.8 15.5 15.2 15.2 14.7 14.6 14.3 14.2 13.0 13.1 12.2 11.8 10.6 9.9 9.5 8.8 8.6 8.3 7.9 7.1 Total Case Rate Mining 12.5 10.2 11.0 11.0 10.9 11.5 11.4 11.2 11.6 10.5 8.4 9.7 8.4 7.4 8.5 8.8 8.5 8.3 7.4 7.3 6.8 6.3 6.2 5.4 5.9 4.9 4.4 4.7 4.0 4.0 Total Case Rate Finance 2.4 2.4 2.2 2.0 2.0 2.1 2.1 2.0 1.9 2.0 2.0 1.9 2.0 2.0 2.0 2.0 2.0 2.4 2.4 2.9 2.9 2.7 2.6 2.4 2.2 1.9 1.8 1.9 1.8 1.7 Total Case Rate Agric. 11.6 9.9 8.5 11.0 11.5 11.6 11.7 11.9 12.3 11.8 11.9 12.0 11.4 11.2 11.2 10.9 10.9 11.6 10.8 11.6 11.2 10.0 9.7 8.7 8.4 7.9 7.3 7.1 7.3 6.4 Total Case Rate Trans./Util. 10.3 10.5 9.4 9.8 9.7 10.1 10.2 9.4 9.0 8.5 8.2 8.8 8.6 8.2 8.4 8.9 9.2 9.6 9.3 9.1 9.5 9.3 9.1 8.7 8.2 7.3 7.3 6.9 6.9 6.1 Total Case Rate Trade 8.6 8.4 7.3 7.5 7.7 7.9 8.0 7.4 7.3 7.2 7.0 7.2 7.4 7.7 7.4 7.6 8.0 7.9 7.6 8.4 8.1 7.9 7.5 6.8 6.7 6.5 6.1 5.9 5.6 5.3 Total Case Rate Service 6.2 5.8 5.4 5.3 5.5 5.5 5.5 5.2 5.0 4.9 5.1 5.2 5.4 5.3 5.5 5.4 5.5 6.0 6.2 7.1 6.7 6.5 6.4 6.0 5.6 5.2 4.9 4.9 4.6 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. 36 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 Total Case Rate, Private Industry Natural resources and mining Agriculture, forestry, fishing and hunting Mining Construction Manufacturing Trade, transportation and utilities Wholesale trade Retail trade Transportation and warehousing Utilities Information Financial activities Professional and business services Educational and health services Leisure and hospitality Other services, except public administration 2003 5.0 5.1 6.2 3.3 6.8 6.8 5.5 4.7 5.3 7.8 4.4 2.2 1.7 2.5 6.0 5.1 3.4 2004 4.8 5.3 6.4 3.8 6.4 6.8 5.5 4.5 5.3 7.3 5.2 2.0 1.6 2.4 5.8 4.7 3.2 2005 4.6 5.1 6.1 3.6 6.3 6.3 5.2 4.5 5.0 7.0 4.6 2.1 1.7 2.4 5.5 4.7 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 Industries with the Highest Total Injury & Illness Rates, 2005 Private Industry (Per 100 Workers) Private Industry Overall = 4.6 38 Beet sugar manufacturing Light truck and utility vehicle manufacturing Iron foundries Truck trailer manufacturing Prefabricated wood building manufacturing Travel trailer and camper manufacturing Flat glass manufacturing Framing contractors Truss manufacturing Aluminum foundries (except diecasting) 0.0 2.0 4.0 6.0 Source: U.S. Department of Labor, Bureau of Labor Statistics. 18.3 17.8 17.1 16.8 14.3 14.1 13.6 13.4 13.3 13.3 8.0 10.0 12.0 14.0 16.0 18.0 20.0 Nonfatal Occupational Injuries and Illnesses With Days Away from Work by Event or Exposure, 2005 Assaults and violent acts 21,470 Transportation accidents 2% 61,170 5% Repetitive motion 43,790 4% Bodily reaction 133,550 11% Exposure to harmful substance 51,860 4% Slips, trips 36,150 3% Overexerertion 298,130 24% Fall on same level 167,180 14% Fall to lower level 79,310 6% Contact with object, equipment 338,080 27% 39 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 Year 1995 1996 1997 1998 1999 2000 2001 2002 2 2003 3 2004 3 2005 3 Number of Hispanic Worker Cases 191,665 169,300 187,221 179,399 182,896 186,029 191,959 180,419 161,330 164,390 163,440 Percent of Total Injury and Illness Cases 9.4 9.0 10.2 10.4 10.7 11.2 12.5 12.6 12.3 13.1 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 Estimated1 and Reported Cases of Musculoskeletal Disorders, 1992 - 2005* 41 Year 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 Total MSD Cases 1 MSD Cases with Days MSD Cases with Job Away from Work, Job Transfer or Transfer or Restriction 1,2 Restriction 1,3 1,264,260 655,440 285,030 1,362,336 712,000 309,024 1,440,516 759,627 325,380 1,598,204 848,062 359,788 1,773,304 870,094 347,310 1,960,585 954,979 377,165 1,951,862 938,038 355,698 2,025,598 950,999 358,455 2,101,795 980,240 353,888 2,146,182 974,380 327,025 2,242,211 1,013,486 317,539 2,287,212 1,034,618 278,647 2,283,979 2,284,598 1,005,949 992,342 242,351 209,093 MSDs Involving Days Away from Work 4 375,540 402,700 435,180 487,915 522,500 577,814 582,340 592,544 626,352 647,355 695,800 755,600 762,700 784,100 Percent of Cases Involving MSDs 30.0% 32.0% 33.0% 34.0% 34.0% 34.7% 34.2% 34.2% 34.2% 34.4% 34.1% 33.8% 33.9% 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 underreporting 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 Laborers and freight, stock, and material movers, hand Nursing aides, orderlies and attendants Truck drivers, heavy and tractor, trailer Truck drivers, light or delivery services Janitor and cleaners, except maids and housekeeping cleaners Retail Salespersons Stock clerks and order fillers Registered nurses Construction laborers Maintenance and repair workers, general Carpenters Maids and housekeeping cleaners First-line supervisors/managers of retail sales workers Cashiers Automotive service technicians and mechanics Number of MSDs 32,100 28,920 18,330 11,760 10,470 9,800 9,600 9,060 8,540 6,870 6,630 6,320 5,570 5,150 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 Total Number of Nonfatal Injuries and Illnesses in Private Industry Estimated 2005 Figures Accounting for Impact of Undercounting Injuries 2005 Data Reported by Bureau and Illnesses 1 of Labor Statistics (BLS) 12.6 million 4.2 million Total Nonfatal Injury and Illness Case Rate in Private Industry (Cases per 100 workers) Total Number of Injuries and Illnesses Involving Days Away from Work Case Rate for Nonfatal Injuries and Illnesses Involving Days Away from Work (Cases per 100 workers) 13.8 3.6 million 4.05 4.6 1.2 million 1.35 Total Number of Musculoskeletal Disorders - Cases Involving Days Away from Work Total Number of Estimated Cases of Musculoskeletal Disorders 1,126,620 3,792,780 375,540 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 Inspections Safety Health Complaints Programmed Construction Maritime Manufacturing Other Employees Covered by Inspections Average Case Hours/Inspections Safety Health Violations -Total Willfull Repeat Serious Unclassified Other FTA Penalties - Total ($) Willfull Repeat Serious Unclassified Other FTA Average Penalty/ Violation ($) Willfull Repeat Serious Unclassified Other FTA Percent Inspections with Citations FY 1999 34,474 26,639 7,835 FY 2000 36,350 27,734 8,616 FY 2001 35,941 27,989 7,952 FY 2002 37,565 29,516 8,049 FY 2003 39,884 31,703 8,181 FY 2004 39,246 31,499 7,747 FY 2005 38,783 31,136 7,647 FY 2006 38,589 31,846 6,743 7,998 15,527 8,401 18,343 8,362 17,929 7,887 20,528 7,994 22,452 8,082 21,598 7,732 21,430 7,384 21,497 18,692 408 8,649 6,725 19,507 8,536 7,835 20,238 472 8,060 7,227 21,384 416 8,287 7,532 22,959 362 8,576 8,018 22,404 379 8,770 7,693 22,181 381 8,467 7,754 22,901 407 7,691 7,590 1,827,966 2,089,546 1,491,212 1,483,319 1,609,833 1,520,885 1,561,399 1,213,707 22.0 22.0 20.2 19.1 18.8 18.7 19.0 18.8 40.0 35.0 33.4 32.7 34.7 35.6 34.8 34.4 76,899 607 1,778 50,145 437 23,715 217 80,472 524 2,012 52,489 209 24,954 284 78,715 656 1,960 53,099 299 22,483 218 78,247 339922 1,953 54,512 263 20,896 231 83,269 391 2,115 59,474 363 20,706 220 86,475 446 2,329 61,334 217 21,848 301 85,054 726 2,326 60,662 70 20,968 302 83,726 466 2,544 61,085 14 19,339 278 85,239,048 86,498,127 79,273,622 70,693,165 79,805,630 82,604,990 98,751,227 82,546,815 21,792,733 19,119,386 16,469,828 10,540,094 12,419,511 13,339,071 31,431,427 14,985,450 7,541,893 8,876,269 7,816,889 7,479,806 9,094,708 9,327,664 8,454,113 9,559,903 48,865,741 50,365,620 48,088,016 47,248,283 50,897,990 53,467,165 52,965,118 53,298,790 4,177,367 3,903,859 3,692,309 2,620,058 3,626,250 2,194,084 1,506,735 558,650 1,791,881 2,049,916 2,312,062 2,239,423 2,685,997 2,846,313 3,230,440 3,165,197 1,069,433 2,183,077 894,518 565,501 1,081,174 1,430,693 1,163,394 978,825 1,108 1,075 1,007 903 958 955 1,161 986 35,902 4,242 974 9,559 75 4,928 36,487 4,412 960 18,678 82 7,687 25,106 3,988 906 12,349 103 4,103 26,888 3,830 867 9,962 107 2,448 31,763 4,300 856 9,990 130 4,914 29,908 4,005 872 10,111 130 4,753 43,294 3,635 873 21,525 154 3,852 32,158 3,758 873 39,904 164 3,521 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 Inspections Safety Health Complaints Programmed Construction Maritime Manufacturing Other Employees Covered by Inspections Average Case Hours/Inspection Safety Health Violations - Total Willful Repeat Serious Unclassified Other FTA Penalties - Total ($) Willful Repeat Serious Unclassified Other FTA Average Penalty/Violation ($) Willful Repeat Serious Unclassified Other FTD FEDERAL OSHA 38,589 31,846 6,743 7,384 21,497 22,901 407 7,691 7,590 1,213,707 STATE PLAN OSHA 58,367 45,505 12,862 9,879 35,517 27,806 40 10,024 20,497 2,446,918 18.8 34.4 83,726 466 2,544 61,085 14 19,339 278 82,546,815 14,985,450 9,559,903 53,298,790 558,650 3,165,197 978,825 986 32,158 3,758 873 39,904 164 3,521 15.6 26.1 127,069 153 2,482 57,513 40 66,467 414 69,814,824 3,598,425 4,755,947 51,210,282 59,829 7,749,705 2,440,636 549 23,519 1,916 890 1,496 117 5,895 Percent Inspections with Citations Contested 7.2% 13.5% Source: OSHA IMIS Inspection 6 Reports, FY 2006 45 OSHA GENERAL DUTY CITATIONS UNDER BUSH COMPREHENSIVE ERGONOMICS PLAN Date 1 2/21/2003 2 2/21/2003 3 2/21/2003 4 2/26/2003 5 5/22/2003 6 5/27/2003 7 6/19/2003 8 6/19/2003 9 7/14/2003 10 8/18/2003 11 8/26/2003 12 11/7/2003 13 2/12/2004 14 6/10/2004 15 8/2/2004 16 8/16/2004 17 11/3/2005 Company Alpha Health Services Alpha Health Services Alpha Health Services Security Metal Products Supervalu Brown Printing Mariner Health Care Mariner Health Care Hondo Inc. Tri-State Coca Cola Bottling Co. Regency Senior Services Madonna Manor Nursing Haven Health Center of Norwich Alden Court Nursing Care Bottling Group Tree of Life, Inc. Jacksonville Health and Rehabilitation Wolcott Hall Nursing Center Location Idaho Idaho Idaho Oklahoma Missouri Pennsylvania Colorado Colorado Ohio Wisconsin Massachusetts Connecticut Massachusetts Florida New York Florida Connecticut Proposed Penalty $900 $900 $900 $5,600 $6,300 $4,500 $2,975 $2,975 $4,500 $3,500 $3,500 $2,450 $3,150 $5,000 $5,000 $4,500 $2,975 Final Penalty $270 $265 $265 $2,800 $1,000 $2,500 $2,232 $1,488 $750 $2,800 $1,750 $1,225 $1,575 $4,000 $750 $4,500 $1,488 46 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 Standard Date Final Standard Issued 1. Asbestos 2. Fourteen Carcinogens 3. Vinyl Chloride 4. Coke Oven Emissions 5. Benzene 6. DBCP 7. Arsenic 8. Cotton Dust 9. Acrylonitrile 10. Lead 11. Cancer Policy 12. Access to Medical Records 13. Hearing Conservation 14. Hazard Communication 15. Ethylene Oxide 16. Asbestos (revised) 17. Field Sanitation 18. Benzene (revised) 19. Formaldehyde 20. Access to Medical Records (modified) 21. Permissible Exposure Limits (PELs) Update (vacated) 22. Chemical Exposure in Laboratories 23. Bloodborne Pathogens 24. 4,4'-methylenedianiline 25. Cadmium 26. Asbestos (Partial Response to Court Remand) 27. Formaldehyde (Response to Court Remand) 28. Lead (Construction) 29. Asbestos (Response to Court Remand) 30. 1,3-Butadiene 31. Methylene Chloride 32. Respiratory Protection 33. Ergonomics 34. Bloodborne Pathogens (revised) 35. Ergonomics (revoked) 36. Hexavalent Chromium (Response to Court Order) 1972 1974 1974 1976 1978 1978 1978 1978 1978 1978 1980 1980 1981 1983 1984 1986 1987 1987 1987 1988 1989 1990 1991 1992 1992 1992 1992 1993 1994 1996 1998 1998 2000 2001 2001 2006 Source: Code of Federal Regulations 47 MAJOR OSHA SAFETY STANDARDS SINCE 1971 Standard 1. Cranes/derricks (load indicators) 2. Roll-over protective structures (construction) 3. Power transmission and distribution 4. Scaffolding, pump jack scaffolding, and roof catch platform 5. Lavatories for industrial employment 6. Trucks, cranes, derricks, and indoor general storage 7. Temporary flooring-skeleton steel construction 8. Mechanical power presses ("no hands in dies") 9. Telecommunications 10. Roll-over protective structures of agricultural tractors 11. Industrial slings 12. Guarding of farm field equipment, farmstead equipment and cotton gins 13. Ground-fault protection 14. Commercial diving operations 15. Servicing multi-piece rim wheels 16. Fire protection 17. Guarding of low-pitched roof perimeters 18. Design safety standards for electrical standards 19. Latch-open devices (on gasoline pumps) 20. Marine terminals 21. Servicing of single-piece and multi-piece rim wheels 22. Electrical Safety in Construction (Part 1926) 23. General Environmental Controls TAGS Part (1910) 24. Marine Terminals Servicing Single Piece Rim Wheels (Part 1917) 25. Grain Handling Facilities (Part 1910) 26. Safety Testing of Certification of Certain Workplace Equipment and Materials (Laboratory Accreditation Revision) 27. Crane or Derrick Suspended Personnel Platforms (Part 1926) 28. Concrete and Masonry Construction (Part 1926) 29. Mechanical power presses ("no hands in dies") (Modified) 30. Powered Platforms (Part 1910) 31. Underground Construction (Part 1926) 32. Hazardous Waste Operations (1910) (Mandated by Congress) 33. Excavations (Part 1926) 34. Control of Hazardous Energy Sources (Lockout/Tagout) Part (1910) 35. Stairways and Ladders (Part 1926) 36. Concrete and Masonry Lift-Slab Operations Date Final Standard Issued 1972 1972 1972 1972 1973 1973 1974 1974 1975 1975 1975 1976 1976 1977 1980 1980 1980 1981 1982 1983 1984 1986 1986 1987 1987 1988 1988 1988 1988 1989 1989 1989 1989 1989 1990 1990 48 37. Electrical Safety Work Practices (Part 1910) 38. Welding, Cutting and Brazing (Part 1910) (revision) 39. Chemical Process Safety 40. Confined Spaces 41. Fall Protection 42. Electrical Power Generation 43. Personal Protective Equipment 44. Logging Operations 45. Scaffolds 46. PPE for Shipyards 47. Longshoring and Marine Terminals 48. Powered Industrial Truck Operator Training 49. Confined Spaces (amended) 50. Steel Erection 51. Electrical Equipment Installation 1990 1990 1992 1993 1994 1994 1994 1995 1996 1996 1997 1998 1998 2001 2007 Source: Code of Federal Regulations 49 OSHA REGULATIONS WITHDRAWN FROM REGULATORY AGENDA, 2001 - 2006 Regulation PELS for Air Contaminants Metalworking Fluids Update and Revision of Flammable and Combustible Liquids Process Safety Management of Highly Hazardous Chemicals Revision and Update of Mechanical Power-Transmission Apparatus Safety Standards for Scaffolds in Construction -- Part II Safety and Health Programs for Construction Control of Hazardous Energy in Construction Consolidation of Records Maintenance Requirements in OSHA Standards Oil and Gas Well Drilling and Servicing Update and Revision of Spray Applications Occupational Exposure to Perchloroethylene Sanitation in the Construction Industry Update and Revision to Woodworking Machinery Standard Ergonomics Programs in Construction Occupational Health Risks in the Manufacture & Assemby of Semiconductors Indoor Air Quality Scaffolds in Shipyards Access and Egress in Shipyards Accreditation of Training Programs for HAZWOPER Injury and Illness Prevention (Safety & Health Programs) Fall Protection in Construction Glycol Ethers: Protecting Reproductive Health Occupational Exposure to Tuberculosis Reg Agenda Date December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 May-02 May-02 May-02 December-02 December-02 December-02 June-04 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 CHEMICAL CALIFORNIA ACGIH OSHA PEL PEL TLV NIOSH REL UNITS Acetone Acrylamide Ammonia Asphalt Fume Benzene Beryllium Butane n-Butanol Carbon disulfide* Carbon monoxide* Chlorobenzene Dimethyl sulfate* 2-Ethoxyethanol (EGEE) Ethyl acrylate Gasoline Glutaraldehyde* Potassium hydroxide Styrene Tetrachloroethylene* (Perchloroethylene) Toluene* Triethylamine 1000 0.3 50 1 2 100 20 50 75 1 200 25 100 100 200 25 500 0.03 25 5 1 0.2 800 50 4 25 10 0.1 5 5 300 0.05(c)1 2(c)1 50 25 50 1 500 0.03 25 0.5 0.5 2 1000 20 1 25 10 0.1 5 5 300 0.05(c)1 2(c)1 20 25 20 1 250 0.03 25 5 0.1 0.5 800 50(c)1 1 35 0.1 0.5 0.2(c)1 2(c)1 50 100 - ppm mg/m3 ppm mg/m3 ppm ug/m3 ppm ppm ppm ppm ppm ppm ppm ppm ppm ppm mg/m3 ppm ppm ppm 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 Fiscal Year Budget Fiscal Year 1975 - 2007 Budget Positions Fiscal Year 1975-2007 (Staff - Full Time Equivalent Employment) 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 $485,074,000 472,427,000 464,224,000 457,500,000 2 453,256,000 443,651,000 425,886,000 381,620,000 354,129,000 336,480,000 324,955,000 303,810,000 311,660,000 296,428,000 288,251,000 296,540,000 285,190,000 267,147,000 247,746,000 235,474,000 1 225,811,000 208,692,000 219,652,000 212,560,000 206,649,000 195,465,000 210,077,000 186,394,000 173,034,000 138,625,000 130,333,000 139,243,000 102,327,000 2,173 2,173 2,208 2,236 2,313 2,313 2,370 2,259 2,154 2,171 2,118 2,069 2,196 2,295 2,368 2,473 2,466 2,425 2,441 2,378 2,211 2,166 2,239 2,285 2,284 2,359 2,655 2,951 2,886 2,684 2,717 2,494 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 CATEGORY FY 2001 FY 2002 FY 2003 FY 2004 FY 20051 FY 20066 FY 2007 CR7 FY 2008 Request OSHA (in thousands of dollars) TOTAL 425,886 443,651 453,256 457,500 464,224 472,427 485,074 Safety & Health Standards 15,069 16,321 16,119 15,900 15,998 16,462 Federal Enforcement 151,836 161,768 164,039 166,000 169,601 172,575 State Enforcement 88,369 89,747 91,139 92,000 90,985 91,093 Technical Support 20,189 19,562 20,234 21,600 20,735 21,435 Federal Compliance Assistance 56,255 58,783 61,722 67,000 70,837 72,545 State Compliance Assistance Training Grants3 48,834 11,175 51,021 11,175 53,552 11,175 52,200 10,500 53,346 10,423 53,357 10,116 10,116 Safety & Health Statistics 25,597 26,257 26,063 22,200 22,196 24,253 Executive Administration/Direction 8,562 9,017 9,213 10,000 10,102 10,591 MSHA (in thousands of dollars) TOTAL 246,306 254,768 271,741 268,800 279,198 303,286 299,836 Coal Enforcement 114,505 117,885 119,655 114,800 115,364 117,152 Supplemental (emergency) 25,600 Metal/Non-Metal Enforcement 55,117 61,099 63,910 65,500 66,731 68,062 Standards Development 1,760 2,357 2,378 2,300 2,333 2,481 Assessments 4,265 4,807 4,886 5,200 5,236 5,391 Education Policy & Development 31,455 27,984 27,914 30,400 31,245 31,701 Techincal Support 27,053 28,085 28,675 24,500 25,104 25,479 Program Administration Mine Mapping4 Program Eval. & Info Resources5 12,151 --- 12,551 --- 14,323 10,000 -- 12,200 -- 13,900 15,665 -- 17,520 11,906 -- 15,514 NIOSH (in thousands of dollars) TOTAL 260,134 276,460 274,899 278,885 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. 285,357 254,401* 254,401 * $34.8 million transferred to business services. TAP for administrative services eliminated. Direct comparison with NIOSH funding for earlier years, which included these aministrative costs, cannot be made. 6 Reflects 1% across the board recision. 7Amounts do not include the 50% of costs for salary and benefit increases provided for under the Continuing Resolution for FY 2007(House Joint Resolution 20) enacted on 490,300 16,900 183,000 91,100 22,100 79,600 54,500 0 32,100 11,000 313,500 140,700 72,300 2,700 5,700 34,300 28,200 13,200 16,200 253,000 Prepared by: AFL-CIO Safety and Health, February 15, 2007 Funding for OSHA Worker Safety Training Programs Versus Employer Compliance Assistance Programs ($ in thousands) Fiscal Year FY 2001 FY 2002 Request FY 2002 Enacted FY 2003 Request FY 2003 Enacted FY 2004 Request FY 2004 Enacted FY 2004 Rescission FY 2005 Request FY 2005 Enacted FY 2006 Request FY 2006 Enacted FY 2007 Request FY 2007 Enacted FY 2008 Request Worker Safety and Health Training Employer Compliance Assistance (Federal and State) $11,175 $8,175 $11,175 $4,000 $11,175 $4,000 $11,102 $10,500 $4,000 $10,500 $0 $10,116 $0 $10,116 $0 $105,089 $106,014 $109,804 $112,800 $115,274 $120,000 $119,968 $119,200 $125,200 $124,200 $124,200 $125,902 $129,914 $126,015 $134,100 Sources: Budget of the United States Government, FY 2001 - FY 2008 and Department of Labor, Occupational Safety and Health Administration 54 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 2000 129,877,063 7,879,116 2,259 3,488 1995 115,487,841 7,040,677 2,196 3,206 1990 108,657,200 6,076,400 2,425 2,506 1985 96,314,200 5,305,400 2,239 2,370 1980 73,395,500 4,544,800 2,951 1,540 1975 67,801,400 3,947,740 2,435 1,621 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) 59,589 57,493 52,590 44,807 43,017 24,871 27,845 55 Funding for Federal Health Research Agencies (in millions of dollars) Agency National Cancer Institute National Heart, Lung and Blood Institute FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2007 FY 2008 FY 2001 Request FY 2002 Request FY 2003 Request FY 2004 Request FY 2005 Request FY 2006 Request CR1 Request $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 $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 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 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 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 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 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 National Instutute of Environmental Health Sciences $565 $632 $567 $681 $618 $710 $637 $650 $648 $650 $641 $637 National Institute of Arthritis and Musculoskeletal Disorders $397 $444 $449 $478 $489 $503 $504 $515 $513 $515 $508 $505 National Institute for Occupational Safety and Health (NIOSH) $260 $266 $276 $247 $275 $246 $279 $279 $285 $286 $254 $250 $1,936 $1,941 $1,855 $1,708 $1,535 $1,537 $4,383 $4,592 $1,404 $1,405 $1,265 $1,265 $641 $637 $508 $508 $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. 56 Source: Budget of the United States Government, FY 2001 - 2008. 8.6 Million State and Local Employees Lack OSHA Coverage 57 65,833 96,375 53,440 57,826 293,323 136,510 212,437 349,709 716,475 362,812 609,260 676,623 261,217 169,398 1,474,747 549,402 295,097 207,858 323,966 924,149 85,106 76,872 351,781 52,685 51,118 38,126 114,702 States with no state/local employee coverage States with state/local employee coverage Source: U.S. Department of Labor, Bureau of Labor Statistics, Employment and Wages: Annual Averages, 2005. Prepared by the AFL-CIO 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 Fatal injury rate 1 All injury rate 1 47 38 42 27 30 28 22 0.0398 0.0393 0.0402 0.0270 0.0312 0.0273 0.0196 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 Number of metal/nonmetal mines Number of miners Fatalities Fatal injury rate 1 All injury rate 1 States with M/NM mining 1995 2000 2001 2002 2003 2004 2005 10,913 12,289 12,479 12,455 12,419 12,467 12,603 229,536 240,450 232,770 218,148 215,325 220,274 228,401 53 47 30 42 26 27 35 0.0250 0.0218 0.0146 0.0220 0.0138 0.0137 0.0170 5.24 4.45 4.1 3.86 3.65 3.55 3.54 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 COAL FATALITIES BY STATE, 1993 - 2006 59 STATE ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE FLORIDA GEORGIA HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARYLAND MASSACHUSETTS MICHIGAN MINNESOTA MISSISSIPPI MISSOURI MONTANA NEBRASKA NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO 2006 2 1 16 1 1 2005 4 8 2004 2003 2 1 3 1 1 6 9 2002 1 1 9 1 2001 14 1 1 2 5 2000 1 2 1 13 1999 2 1 1 1 9 1 1998 1 2 12 1997 1 1 1 1 5 1996 2 1 1 2 12 1995 3 1 2 12 1994 2 1 2 1 12 1 1993 1 1 19 1 TOTAL 35 0 4 1 0 6 0 0 0 0 0 0 15 9 0 0 147 0 0 2 0 0 0 0 0 1 0 0 0 0 3 COAL FATALITIES BY STATE, 1993 - 2006 STATE 2006 NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA OREGON PENN (ANTH) 1 PENN (BITUM) PUERTO RICO RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS UTAH 1 VERMONT VIRGINIA 1 WASHINGTON WEST VIRGINIA 23 WISCONSIN WYOMING TOTAL 47 2005 1 1 1 3 3 1 22 2004 2003 1 1 1 2 3 3 12 10 2 28 30 2002 3 1 4 6 1 27 2001 2 3 1 2 13 42 2000 2 4 4 9 2 38 1999 2 2 1 5 9 1 35 1998 1 1 5 7 29 1997 1 4 1 3 5 7 30 1996 1 2 2 2 12 1 38 1995 4 4 1 2 1 16 1 47 1994 1 3 4 1 2 3 1 10 1 45 1993 1 2 3 4 1 13 1 47 TOTAL 0 0 2 7 1 0 23 22 0 0 0 0 7 3 17 0 39 1 150 0 11 506 60 Source: U.S. Department of Labor, Mine Safety and Health Administration (MSHA) METAL AND NONMETAL FATALITIES BY STATE, 1993 - 2006 61 STATE ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE FLORIDA GEORGIA HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARYLAND MASSACHUSETTS MICHIGAN MINNESOTA MISSISSIPPI MISSOURI MONTANA NEBRASKA 2006 1 1 2 1 1 1 1 1 3 3 2005 1 2 2 2 3 1 1 2 1 1 1 2004 1 1 2 1 2 2 2003 2 1 2 1 1 1 1 1 1 2002 4 1 2 4 1 1 2 1 1 1 3 1 2001 1 2 1 2 1 1 1 2 1 1 1 3 2000 3 1 2 1 1 1 1 2 2 1 2 1 1 1 1999 3 3 2 2 2 1 3 1 3 1 2 3 1 1998 1 3 2 3 1 2 1 2 1 3 1 1 1 1 1 3 1 1 1997 1 1 3 6 1 2 5 3 2 3 1 2 2 1 1 1 3 1996 2 2 1 4 1 1 2 1 1 1 2 1 1 3 1 1995 1 1 4 5 1 2 3 3 1 1 2 1 3 2 1994 1 3 1 3 1 2 2 1 1 1 1 2 1 1993 6 2 3 1 2 2 1 2 1 2 1 1 TOTAL 8 4 33 8 31 15 3 0 21 15 2 12 15 11 10 9 13 6 0 5 4 20 9 8 21 8 5 METAL AND NONMETAL FATALITIES BY STATE, 1993 - 2006 STATE NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA OREGON PENNSYLVANIA PUERTO RICO RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS UTAH VERMONT VIRGINIA WASHINGTON WEST VIRGINIA WISCONSIN WYOMING TOTAL 2006 1 2 1 2 1 1 1 1 25 2005 3 1 2 2 1 1 1 1 2 1 1 1 1 35 2004 4 1 1 1 2 1 2 1 1 3 1 27 2003 2 2 1 1 1 2 1 12 1 2 1 26 2002 2 2 1 2 1 1 1 3 4 1 2 42 2001 4 2 1 1 1 2 1 1 30 2000 6 2 2 2 1 2 1 1 1 4 1 2 1 1 47 1999 9 1 2 2 2 2 2 2 2 2 1 1 1 55 1998 2 1 1 2 3 2 2 5 2 2 1 51 1997 5 2 1 1 1 1 2 1 3 6 1 1 61 1996 4 2 2 2 5 2 1 1 3 1 1 1 47 1995 7 1 2 1 1 1 2 1 2 1 2 2 1 53 1994 4 1 1 1 2 1 1 2 2 2 1 2 40 1993 2 2 1 1 5 1 1 1 3 2 2 1 4 1 51 TOTAL 54 3 5 12 7 14 0 13 7 16 25 6 0 11 3 19 35 12 2 12 13 0 12 11 588 62 COMPARISON OF YEAR-TO-DATE AND TOTAL FATALITIES FOR METAL/NONMETAL AND COAL 63 FATALITIES 70 60 50 42 40 47 35 30 27 26 30 27 28 20 25 22 10 0 M/NM COAL 2002 M/NM COAL 2003 M/NM COAL 2004 M/NM COAL 2005 M/NM COAL 2006 Source: Mine Safety and Health Administration MSHA REGULTIONS WITHDRAWN FROM REGULATORY AGENDA, 2002 - 2006 Regulation Confined Spaces Metal/Nonmetal Impoundments Surface Haulage Safety Standard Revisions for Underground Anthracite Mines Electrical Grounding Standards for Metal and Nonmetal Mines Training and Retraining of Miners Respirable Crystalline Silica Safety Standards Self-Contained Self-Rescue Devices in Underground Mines Verification of Surface Coal Mine Dust Control Plans Surge and Storage Piles Escapeways and Refuges Accident Investigation Hearing Procedures Continuous Monitoring of Respirable Coal Mine Dust in Underground Coal Mines Requirements for Approval of Flame-Resistant Conveyor Belts Air Quality, Chemical Substances, and Respiratory Protection Mine Rescue Teams Occupational Exposure to Coal Mine Dust Focused Inspections Reg Agenda Date December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 December-01 May-02 May-02 December-02 December-02 December-02 Source: U.S. Department of Labor Semiannual Regulatory Agenda (MSHA), Federal Register 64 STATE COMPARISONS 65 Prepared by the AFL-CIO 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 Administration IMIS data on worksite inspections FY 2006. SOUCCOMTAANHOLDAMKAGROLELELLFDIRKIBFAESLAOULYAAORASOOHIBLRSIANKWSRAAORRIAAOSSSNGIMNAMIDDKANPTIDAAIRAOAAPSAAAEI TEXAS IOWA MASSACMINHIISLDULSIISOANENUOTTARISSI PENNSYLVUATNAIHA WISCKAONNSSAINS NERCWWHOEOSHNNMTDAVNEVOEEMWEIRRINCSPMGLYOTSTAAIOHOICHNNNIRNRIUIODAAKETT NONRETWHADRAIIDZKOAOHNTOAA NEWMEXICO JERSEY NSOOURTTHHMMCCWTKIENAAVIEYNCNNRRIORNHMEOOTGMUEISGALLSOCIINIISNINNANTKEIGAAAANYEE HAWAII WASHIANLGATSOKNA NEVADA OREGON 67 247 years 210 196 184 174 156 153 145 143 139 137 133 132 132 122 121 117 113 107 107 105 103 103 103 101 100 98 96 94 91 90 89 89 79 78 75 75 70 65 63 58 57 54 50 45 40 32 29 27 24 Years Needed for OSHA to Inspect all Jobsites NUMBER OF OSHA INSPECTORS BY STATE COMPARED WITH ILO BENCHMARK NUMBER OF LABOR INSPECTORS 68 STATE ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE FLORIDA GEORGIA HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARYLAND MASSACHUSETTS NUMBER OF EMPLOYEES1 1,894,616 302,330 2,489,462 1,147,615 15,234,188 2,189,516 1,644,274 417,692 7,747,729 3,933,315 603,668 614,548 5,748,355 2,873,795 1,446,568 1,305,440 1,757,997 1,841,046 594,481 2,497,487 3,159,934 ACTUAL NUMBER OF OSHA INSPECTORS2 19 14 26 10 231 26 25 3 48 36 24 8 56 72 31 15 49 18 11 63 32 NUMBER OF LABOR INSPECTORS NEEDED TO MEET ILO BENCHMARK3 189 30 249 115 1,523 219 164 42 775 393 60 61 574 287 145 131 176 184 59 250 316 RATIO OF OSHA INSPECTORS/NUMBER OF EMPLOYEES 1/99,716 1/21,595 1/95,749 1/114,762 1/65,949 1/84,212 1/65,771 1/139,231 1/161,411 1/109,259 1/25,153 1/76,819 1/102,649 1/39,914 1/46,663 1/87,029 1/35,877 1/102,280 1/54,044 1/39,643 1/98,748 NUMBER OF OSHA INSPECTORS BY STATE COMPARED WITH ILO BENCHMARK NUMBER OF LABOR INSPECTORS 69 STATE MICHIGAN MINNESOTA MISSISSIPPI MISSOURI MONTANA NEBRASKA NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA OREGON PENNSYLVANIA RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS NUMBER OF EMPLOYEES1 4,297,017 2,640,326 1,111,269 2,664,447 413,460 892,397 1,215,783 620,893 3,917,397 778,233 8,348,739 3,856,748 328,097 5,308,808 1,465,969 1,652,773 5,552,301 477,420 1,819,217 375,707 2,685,491 9,583,457 ACTUAL NUMBER OF OSHA INSPECTORS2 86 55 11 28 6 7 36 10 65 10 126 122 7 57 17 83 67 7 31 N/A 60 86 NUMBER OF LABOR INSPECTORS NEEDED TO MEET ILO BENCHMARK3 430 264 111 266 41 89 122 62 392 78 835 386 33 531 147 165 555 48 182 38 269 958 RATIO OF OSHA INSPECTORS/NUMBER OF EMPLOYEES 1/49,965 1/48,006 1/101,024 1/95,159 1/68,910 1/127,485 1/33,772 1/62,089 1/60,268 1/77,823 1/66,260 1/31,613 1/46,871 1/93,137 1/86,233 1/19,913 1/82,870 1/68,203 1/58,684 N/A 1/44,758 1/111,436 NUMBER OF OSHA INSPECTORS BY STATE COMPARED WITH ILO BENCHMARK NUMBER OF LABOR INSPECTORS STATE UTAH VERMONT VIRGINIA WASHINGTON WEST VIRGINIA WISCONSIN WYOMING TOTAL NUMBER OF EMPLOYEES1 1,115,375 300,919 3,578,558 2,766,451 695,382 2,744,006 254,418 130,905,114 ACTUAL NUMBER OF OSHA INSPECTORS2 19 10 62 119 8 36 8 2,056 NUMBER OF LABOR INSPECTORS NEEDED TO MEET ILO BENCHMARK3 112 30 358 277 70 274 25 13,090 RATIO OF OSHA INSPECTORS/NUMBER OF EMPLOYEES 1/58,704 1/30,092 1/57,719 1/23,247 1/86,923 1/76,222 1/31,802 1/63,670 70 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 STATE Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas PROFILE OF WORKPLACE SAFETY AND HEALTH IN THE UNITED STATES FATALITIES 2005 1 NUMBER 128 RATE RANK6 6.1 39 INJURIES/ILLNESSES 2005 2 PENALITIES 3 FY 2006 NUMBER 63,200 RATE 4.6 AVERAGES($) RANK7 1,290 3 INSPECTORS 4 19 YEARS TO INSPECT EACH WORKPLACE ONCE 137 STATE OR FEDERAL PROGRAM 5 FEDERAL 29 8.2 47 12,000 6.2 719 32 14 99 3.6 18 81,500 4.8 1,100 6 26 80 6.1 39 42,200 5.0 933 14 10 465 2.7 12 503,700 4.7 5,398 1 231 125 5.2 34 N/A N/A 886 19 26 46 2.6 8 59,000 5.0 767 26 25 11 2.6 8 11,000 3.7 1,137 5 3 406 4.8 28 246,300 4.5 1,049 8 48 200 4.5 25 125,400 4.3 1,043 9 36 15 2.3 4 18,500 4.9 586 41 24 35 4.9 29 N/A N/A 643 37 8 194 3.2 16 170,100 4.1 757 28 56 157 5.1 33 117,400 5.8 715 33 72 90 5.6 36 64,300 6.5 935 13 31 81 5.5 35 46,800 5.3 592 40 15 32 STATE 89 STATE 145 FEDERAL 139 STATE 133 FEDERAL 94 FEDERAL 210 FEDERAL 247 FEDERAL 174 FEDERAL 40 STATE 89 FEDERAL 121 FEDERAL 107 STATE 122 STATE 103 FEDERAL PROFILE OF WORKPLACE SAFETY AND HEALTH IN THE UNITED STATES STATE Kentucky FATALITIES 2005 1 NUMBER 122 RATE RANK6 6.3 42 INJURIES/ILLNESSES 2005 2 PENALITIES 3 FY 2006 NUMBER 75,900 RATE 6.2 AVERAGES($) RANK7 1,322 2 INSPECTORS 4 49 YEARS TO INSPECT EACH WORKPLACE ONCE 65 STATE OR FEDERAL PROGRAM 5 STATE Louisiana 111 5.6 36 40,300 3.1 646 36 18 184 FEDERAL Maine 15 2.2 3 28,900 7.2 723 31 11 75 FEDERAL Maryland 95 3.3 17 72,700 4.2 737 29 63 156 STATE Massachusetts 75 2.3 4 93,000 4.2 939 12 32 117 FEDERAL Michigan 110 2.3 4 161,700 5.3 460 47 86 50 STATE Minnesota 87 3.1 15 90,600 5.0 632 38 55 63 STATE Mississippi 112 8.9 48 N/A N/A 901 17 11 196 FEDERAL Missouri 185 6.4 44 102,600 5.4 724 30 28 113 FEDERAL Montana 50 10.3 49 17,000 6.6 626 39 6 101 FEDERAL Nebraska 36 3.8 21 30,400 5.0 1,037 10 7 143 FEDERAL Nevada 57 4.9 29 50,800 5.7 1,199 4 36 27 STATE New Hampshire 18 2.5 7 N/A N/A 849 21 10 98 FEDERAL New Jersey 112 2.6 8 104,400 3.8 815 24 65 75 FEDERAL New Mexico 44 4.7 27 22,400 4.4 758 27 10 78 STATE New York 239 2.7 12 176,500 3.2 928 15 126 100 FEDERAL 72 PROFILE OF WORKPLACE SAFETY AND HEALTH IN THE UNITED STATES STATE North Carolina FATALITIES 2005 1 NUMBER 165 RATE RANK6 3.8 21 INJURIES/ILLNESSES 2005 2 PENALITIES 3 FY 2006 NUMBER 107,600 RATE 4.0 AVERAGES($) RANK7 529 44 INSPECTORS 4 122 YEARS TO INSPECT EACH WORKPLACE ONCE 45 STATE OR FEDERAL PROGRAM 5 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 73 STATE Wisconsin Wyoming PROFILE OF WORKPLACE SAFETY AND HEALTH IN THE UNITED STATES FATALITIES 2005 1 NUMBER 125 RATE RANK6 4.3 23 INJURIES/ILLNESSES 2005 2 PENALITIES 3 FY 2006 NUMBER 109,900 RATE 5.8 AVERAGES($) RANK7 848 22 INSPECTORS 4 36 YEARS TO INSPECT EACH WORKPLACE ONCE 103 STATE OR FEDERAL PROGRAM 5 FEDERAL 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 $890 per citation. 9 Total number of inspectors includes 818 Federal OSHA inspectors and 1,294 state OSHA inspectors including inspectors in the Virgin Islands and Puerto Rico. 10 Frequency of all covered establishments for all states combined. Average inspection frequency of covered establishments for federal OSHA states is once every 133 years; inspection frequency of covered establishments for state OSHA plan states is once every 62 years. 74 Prepared by AFL-CIO Safety and Health April 2007 Workplace Safety and Health Statistics, by State 2000 - 2005 75 State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Fatality Rates 1 Injury/Illness Rates2 Average Penalties ($)3 2000 2001 2002 2003 2004 2005 2000 2001 2002 2003 2004 2005 FY 01 FY02 FY03 FY04 FY05 FY06 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Workplace Safety and Health Statistics, by State 2000 - 2005 76 State Fatality Rates1 Injury/Illness Rates2 Average Penalties ($)3 2000 2001 2002 2003 2004 2005 2000 2001 2002 2003 2004 2005 FY 01 FY02 FY03 FY04 FY05 FY06 Massachusetts 2.0 1.6 1.4 2.4 2.2 2.3 5.5 5.1 4.6 N/A 4.3 4.2 864 886 950 971 1,034 939 Michigan 3.4 3.9 3.4 3.2 2.6 2.3 8.1 7.3 6.8 6.3 5.6 5.3 540 478 477 435 479 460 Minnesota 2.6 2.9 3.1 2.6 2.9 3.1 7.0 6.3 6.2 5.5 5.3 5.0 734 626 506 575 625 632 Mississippi 11.0 10.0 8.5 8.1 7.0 8.9 N/A N/A N/A N/A N/A N/A 879 1,074 879 860 958 901 Missouri 5.5 5.4 6.7 5.4 5.7 6.4 6.8 6.1 6.0 5.0 5.3 5.4 651 588 604 631 633 724 Montana 11.1 15.1 13.1 8.6 8.4 10.3 8.2 8.3 6.8 7.6 7.2 6.6 878 927 709 629 626 626 Nebraska 6.7 6.4 9.5 5.1 4.8 3.8 6.6 7.4 5.7 5.9 5.3 5.0 972 1,030 992 855 851 1,037 Nevada 5.0 3.8 4.3 4.7 5.3 4.9 7.2 6.6 6.0 5.7 5.5 5.7 917 947 767 926 928 1,199 New Hampshire 2.1 1.5 3.1 2.8 2.1 2.5 N/A N/A N/A N/A N/A N/A 820 684 557 741 888 849 New Jersey 3.0 3.3 3.3 2.5 3.1 2.6 4.9 4.8 4.3 4.2 3.8 3.8 873 812 871 873 846 815 New Mexico 4.9 8.1 8.5 5.4 6.6 4.7 4.4 4.8 5.2 6.1 4.8 4.4 597 646 630 758 1,222 758 New York 2.7 2.6 2.9 2.5 2.9 2.7 3.9 3.6 3.5 3.1 3.0 3.2 906 847 898 928 906 928 North Carolina 6.1 5.3 4.5 4.5 4.5 3.8 5.3 4.8 4.0 4.0 4.1 4.0 462 467 459 487 481 529 North Dakota 11.0 8.0 8.0 7.5 6.6 6.3 N/A N/A N/A N/A N/A N/A 592 478 594 700 720 664 Ohio 3.8 3.8 3.8 3.7 3.6 3.0 N/A N/A N/A N/A N/A N/A 845 901 840 900 815 923 Oklahoma 5.6 7.9 6.4 6.2 5.6 5.7 6.6 6.5 6.1 5.0 5.6 4.6 959 1,005 886 1,031 1,202 889 Oregon 3.2 2.8 4.0 4.4 3.4 3.6 6.3 6.2 6.0 5.6 5.8 5.4 261 269 299 306 272 300 Pennsylvania 3.6 4.1 3.4 3.5 3.9 3.7 N/A N/A N/A N/A N/A N/A 810 732 753 816 775 839 Rhode Island 1.5 3.6 1.7 3.3 1.3 1.1 7.1 6.8 5.3 5.4 5.2 5.5 677 655 835 764 800 785 South Carolina 6.3 5.0 6.1 6.0 5.4 6.7 5.5 4.5 4.5 4.4 4.1 3.6 354 387 386 369 405 358 Workplace Safety and Health Statistics, by State 2000 - 2005 77 State South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Fatality Rates1 Injury/Illness Rates2 Average Penalties ($)3 2000 2001 2002 2003 2004 2005 2000 2001 2002 2003 2004 2005 FY 01 FY02 FY03 FY04 FY05 FY06 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 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 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 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 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 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 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 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 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 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 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. $881 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 State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Workplace Fatalities, 1992 - 2005 Overall Fatalities 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 145 138 153 150 155 139 135 123 103 138 102 124 133 128 91 66 60 78 63 51 43 42 53 64 42 28 42 29 67 55 79 86 77 61 74 70 118 87 101 80 84 99 82 71 85 92 88 102 86 76 106 68 80 87 70 80 644 657 639 646 641 651 626 602 553 515 478 459 467 465 103 99 120 112 90 120 77 106 117 139 123 102 117 125 42 31 35 32 35 32 57 38 55 41 39 36 54 46 11 13 15 12 18 17 11 14 13 10 11 9 10 11 329 345 358 391 333 366 384 345 329 368 354 347 422 406 204 230 249 237 213 242 202 229 195 237 197 199 232 200 28 26 21 24 27 19 12 32 20 41 24 21 25 15 45 43 50 53 62 56 51 43 35 45 39 43 38 35 250 252 247 250 262 240 216 208 206 231 190 200 208 194 148 136 195 156 143 190 155 171 159 152 136 132 153 157 110 88 74 54 70 80 68 80 71 62 57 76 82 90 82 99 106 95 85 93 98 87 85 94 89 78 80 81 117 143 158 140 141 143 117 120 132 105 146 145 143 122 153 171 187 139 134 137 159 141 143 117 103 95 121 111 Workplace Fatalities, 1992 - 2005 79 State Overall Fatalities 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 Workplace Fatalities, 1992 - 2005 State Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Totals Overall Fatalities 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 88 84 80 73 85 84 72 69 52 44 63 75 60 65 242 241 354 233 282 259 235 221 199 225 188 208 230 224 17 16 12 11 6 11 12 11 7 17 8 18 7 6 100 87 83 115 109 131 111 139 115 91 107 115 113 132 28 28 31 26 32 23 28 46 35 35 36 28 24 31 145 154 170 179 152 168 150 154 160 136 140 137 145 139 536 529 497 475 514 459 523 468 572 536 417 491 440 495 59 66 66 51 64 66 67 54 61 65 52 54 50 54 11 7 8 16 7 9 16 14 15 6 11 14 7 7 175 135 164 132 153 166 177 154 148 146 142 155 171 186 97 112 118 109 128 112 113 88 75 102 86 83 98 85 77 66 61 56 66 53 57 57 46 63 40 51 58 46 135 138 109 117 108 114 97 105 107 110 91 103 94 125 26 36 35 32 28 29 33 32 36 40 33 37 43 46 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 80 Source: U.S. Department of Labor, Bureau of Labor Statistics, in cooperation with State and Federal agencies, Census of Fatal Occupational Injuries. Fatal Occupational Injuries by State and Event or Exposure, 2005 State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Total Fatalities 2005 128 29 99 80 465 125 46 11 12 406 200 15 35 194 157 90 81 122 111 15 Transportation Incidents Assaults and Violent Acts Contact with Objects and Equipment 55 19 23 21 -- -- 42 16 17 53 5 9 165 87 76 76 8 17 12 14 10 -- -- -- -- 4 -- 186 47 39 81 32 31 6 -- -- 15 -- 12 74 30 34 72 15 25 44 3 26 40 12 16 54 16 30 53 11 18 5 -- 5 Falls 21 3 9 8 59 9 8 3 4 72 39 3 5 24 23 8 4 16 10 3 Exposure to Harmful Substances or Fires and Environments Explosions 8 -- -- -- 11 -- 3 -- 51 14 11 3 -- -- -- -- -- -- 50 8 13 3 4 -- -- -- 26 6 14 8 -- 4 5 -- 5 -- 13 -- -- -- 81 82 State Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island Fatal Occupational Injuries by State and Event or Exposure, 2005 Total Fatalities 2005 95 75 110 87 112 185 50 36 57 18 112 44 239 165 22 168 95 65 224 6 Transportation Incidents Assaults and Violent Acts Contact with Objects and Equipment 31 23 16 23 12 15 40 16 20 34 12 26 49 19 20 91 20 42 19 8 14 18 4 10 26 7 7 9 -- 5 51 17 16 23 9 4 87 49 40 62 22 31 9 -- 5 71 23 34 57 9 10 31 5 15 107 41 30 -- -- -- Falls 19 14 19 11 17 12 7 3 10 3 15 4 33 30 5 18 10 11 33 -- Exposure to Harmful Substances or Fires and Environments Explosions 4 -- 7 -- 10 5 3 -- 6 -- 12 6 -- -- -- -- 6 -- -- -- 6 5 -- -- 23 7 15 5 3 -- 18 4 5 4 -- -- 10 -- -- -- State South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Fatal Occupational Injuries by State and Event or Exposure, 2005 Total Fatalities 2005 132 31 139 495 54 7 186 85 46 125 46 Transportation Incidents Assaults and Violent Acts Contact with Objects and Equipment 61 18 21 16 -- 7 70 18 29 200 67 80 29 -- 12 -- -- 4 69 22 35 40 6 20 23 5 7 48 20 22 25 3 11 Falls 13 3 14 54 5 -33 8 3 25 -- Exposure to Harmful Substances or Fires and Environments Explosions 17 -- -- -- 5 3 63 31 4 -- -- -- 21 6 8 -- 7 -- 6 3 -- -- 83 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. Hispanic1 Worker Fatalities by State, 1992-2005 State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Fatalities 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 5 -- -- -- -- -- -- -- -- -- 5 8 6 9 -- -- -- -- -- -- -- -- -- -- -- -- -- 3 13 16 23 11 17 13 27 26 26 34 28 17 25 36 -- -- -- -- -- -- -- 8 9 -- 5 9 5 8 163 177 175 178 183 189 174 216 172 188 176 164 188 190 11 17 10 19 10 22 15 19 27 25 16 25 25 19 -- -- -- -- -- -- 10 -- 12 9 7 -- 10 5 -- -- -- -- -- -- -- -- -- -- -- -- -- -- 32 57 67 67 68 84 58 68 75 84 98 90 119 113 -- 6 7 7 7 11 19 17 26 36 16 26 29 25 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 6 5 -- -- -- 6 5 -- 9 3 6 3 19 21 14 20 22 17 17 21 17 30 27 22 29 23 -- -- -- -- -- -- -- -- -- 8 9 7 7 5 -- -- -- -- -- -- -- -- -- -- -- -- 7 -- -- -- 11 9 -- 5 15 5 5 6 5 4 11 10 -- -- -- -- -- -- -- -- -- -- -- 3 -- 6 -- -- -- -- -- -- -- -- 5 5 -- -- 9 8 -- -- -- -- -- -- -- -- -- -- 14 -- -- -- 84 Hispanic1 Worker Fatalities by State, 1992-2005 State Fatalities 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 85 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 Hispanic1 Worker Fatalities by State, 1992-2005 State Fatalities 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Totals -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 7 12 9 7 18 13 10 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 5 5 -- -- 5 12 5 7 8 9 5 136 122 143 136 137 133 175 151 190 170 147 163 150 200 -- -- -- -- 6 -- 9 5 6 8 6 11 5 4 -- -- -- -- -- -- -- -- -- -- -- -- -- -- 8 -- 6 6 6 9 6 12 5 12 15 13 13 24 5 11 -- -- 11 11 17 -- 13 13 15 5 14 7 -- -- -- -- -- -- -- -- -- -- -- -- -- 4 -- 6 -- -- -- -- -- -- -- 8 -- 3 -- 9 -- -- -- -- -- -- -- -- 5 5 8 -- 3 -- 533 634 624 619 638 658 707 730 815 891 840 794 902 923 86 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. State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Foreign-Born1 Worker Fatalities, 1992 - 2005 Fatalities 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 5 -- -- -- -- -- -- -- -- -- 5 3 6 10 -- -- 6 -- 9 5 -- -- -- 9 -- -- 7 5 13 9 9 11 11 10 23 21 19 29 22 15 21 31 -- -- -- -- 7 -- -- 5 9 -- -- -- 4 -- 162 198 180 169 167 134 111 223 195 208 170 146 174 203 6 5 7 12 6 15 12 15 11 23 11 22 21 11 -- -- -- -- 8 6 13 5 14 20 7 7 15 7 -- -- -- -- -- -- -- -- -- -- -- -- -- -- 56 68 62 65 87 106 65 69 91 96 106 109 123 119 8 12 14 9 16 14 22 14 28 57 20 34 24 31 6 5 -- -- -- -- -- -- 6 11 8 4 9 4 7 -- 7 5 -- -- -- 5 5 -- 8 3 4 3 23 36 24 35 34 37 29 31 28 52 37 42 44 36 5 -- 11 5 5 7 8 5 7 11 11 9 10 13 -- -- -- -- -- -- -- -- -- -- -- -- 5 -- -- -- -- -- -- -- 8 -- 5 5 7 6 10 12 -- -- -- -- -- -- -- -- -- -- 8 -- 3 7 -- 5 -- -- 8 6 7 -- 7 9 -- -- 3 10 87 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. Foreign-Born1 Worker Fatalities, 1992 - 2005 State Fatalities 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 -- 88 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. Foreign-Born1 Worker Fatalities, 1992 - 2005 State Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Totals Fatalities 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 10 -- -- -- 5 -- 5 11 -- -- 6 5 6 8 11 16 22 6 8 10 9 11 16 16 13 15 19 24 -- 5 -- -- -- -- -- -- -- -- -- 4 -- -- -- -- -- 6 -- 5 6 7 16 12 8 18 18 13 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 6 -- 8 -- -- -- -- 5 -- 7 15 12 14 69 72 90 84 93 102 111 100 115 122 110 121 101 135 -- -- -- -- 5 6 5 8 6 8 9 12 4 8 -- -- -- -- -- -- -- -- -- -- -- -- -- -- 10 8 15 10 8 20 10 18 17 22 20 22 41 33 7 17 13 11 22 12 19 7 13 17 19 6 21 9 -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 8 -- 7 -- -- -- 7 -- 9 -- 5 5 9 -- -- -- -- -- -- -- -- -- -- -- -- -- -- 635 725 698 658 728 714 654 811 849 994 929 890 956 1,035 89 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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 1,894,616 117,064 Federal 128 6.1 4.0 39 63,200 4.6 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 29,800 2.2 2.4 295,097 No 19 816 519 297 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 137 yrs. $1,290 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 302,330 20,503 State 29 8.2 4.0 47 12,000 6.2 4.6 5,800 3.0 2.4 58,913 Yes 14 644 330 314 32 yrs. $719 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violation of the OSHAct, FY 2006: 7 National average: 2,489,462 137,510 State 99 3.6 4.0 18 81,500 4.8 4.6 41,300 2.4 2.4 330,161 Yes 26 1,551 1,058 493 89 yrs. $1,100 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 1,147,615 77,630 Federal 80 6.1 4.0 39 42,200 5.0 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 20,100 2.4 2.4 169,398 No 10 512 350 162 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 145 yrs. $933 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 15,234,188 1,221,898 State 465 2.7 4.0 12 503,700 4.7 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 289,000 2.7 2.4 2,106,904 Yes 231 8,793 3,087 5,706 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 139 yrs. $5,398 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 2,189,516 169,474 Federal 125 5.2 4.0 34 N/A N/A 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: N/A N/A 2.4 293,323 No 26 1,252 771 481 133 yrs. $886 $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 Number of establishments:1 State or federal OSHA program:2 1,644,274 110,005 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 Rate per 100 workers: National rate: 59,000 5.0 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 33,500 2.8 2.4 215,214 Yes 25 1,171 545 626 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 94 yrs. $767 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 417,692 30,210 Federal 11 2.6 4.0 8 11,000 3.7 4.6 5,700 1.9 2.4 51,118 No 3 142 80 62 210 yrs. $1,137 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 667,512 30,641 Federal 12 4.3 4.0 N/A 7,300 2.0 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 3,500 0.9 2.4 38,126 No N/A 542 516 26 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 56 yrs. $689 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 7,747,729 557,571 Federal 406 4.8 4.0 28 246,300 4.5 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 130,700 2.4 2.4 924,149 No 48 2,236 1,542 694 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 247 yrs. $1,049 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 3,932,315 253,789 Federal 200 4.5 4.0 25 125,400 4.3 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 58,400 2.0 2.5 549,402 No 36 1,418 841 577 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 174 yrs. $1,043 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 603,668 36,038 State 15 2.3 4.0 4 18,500 4.9 4.6 11,500 3.1 2.4 85,112 Yes 24 896 346 550 40 yrs. $586 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 614,548 51,889 Federal 35 4.9 4.0 29 N/A N/A 4.6 N/A N/A 2.4 96,375 No 8 555 402 153 89 yrs. $643 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 5,748,355 338,207 Federal 194 3.2 4.0 16 170,100 4.1 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 97,000 2.4 2.4 716,475 No 56 2,723 1,449 1,274 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 121 yrs. $757 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 2,873,795 153,921 State 157 5.1 4.0 33 117,400 5.8 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 57,500 2.8 2.4 361,390 Yes 72 1,442 738 704 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 107 yrs. $715 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 1,446,568 91,660 State 90 5.6 4.0 36 64,300 6.5 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 30,200 3.0 2.4 209,988 Yes 31 751 363 388 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 122 yrs. $935 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: 1,305,440 82,917 Federal 81 5.5 4.0 35 46,800 5.3 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 21,200 2.4 2.4 212,437 No 15 759 459 300 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 103 yrs. $592 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 1,757,997 106,058 State 122 6.3 4.0 42 75,900 6.2 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 38,400 3.1 2.4 256,695 Yes 49 1,613 896 717 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 65 yrs. $1,322 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 1,841,046 119,406 Federal 111 5.6 4.0 36 40,300 3.1 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 19,300 1.5 2.4 323,966 No 18 616 284 332 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 184 yrs. $646 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 594,481 48,332 Federal 15 2.2 4.0 3 28,900 7.2 4.6 15,800 3.9 2.4 85,106 No 11 609 411 198 75 yrs. $723 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 2,497,487 160,084 State 95 3.3 4.0 17 72,700 4.2 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 20076 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 37,400 2.2 2.4 322,876 Yes 63 1,026 750 276 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 156 yrs. $737 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 3,159,934 214,349 Federal 75 2.3 4.0 4 93,000 4.2 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 51,600 2.3 2.4 351,781 No 32 1,792 1,033 759 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 117 yrs. $939 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 4,297,017 257,035 State 110 2.3 4.0 4 161,700 5.3 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 81,100 2.7 2.4 577,962 Yes 86 5,123 3,193 1,930 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 50 yrs. $460 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 2,640,326 164,164 State 87 3.1 4.0 15 90,600 5.0 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 44,300 2.5 2.4 340,596 Yes 55 2,600 1,119 1,481 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 63 yrs. $632 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 1,111,269 67,380 Federal 112 8.9 4.0 48 N/A N/A 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: N/A N/A 2.4 207,858 No 11 328 211 117 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 196 yrs. $901 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 2,664,447 169,717 Federal 185 6.4 4.0 44 102,600 5.4 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 49,400 2.6 2.4 362,812 No 28 1,433 765 668 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 113 yrs. $724 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 413,460 40,118 Federal 50 10.3 4.0 49 17,000 6.6 4.6 7,500 2.9 2.4 65,833 No 6 378 251 127 101 yrs. $626 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 892,397 56,678 Federal 36 3.8 4.0 21 30,400 5.0 4.6 14,700 2.4 2.4 136,510 No 7 375 214 161 143 yrs. $1,037 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 1,215,783 67,344 State 57 4.9 4.0 29 50,800 5.7 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 25,900 2.9 2.4 123,911 Yes 36 2,531 1,584 947 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 27 yrs. $1,199 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 620,893 47,454 Federal 18 2.5 4.0 7 N/A N/A 4.6 N/A N/A 2.4 76,872 No 10 467 304 163 98 yrs. $849 $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 Number of establishments:1 State or federal OSHA program:2 3,917,397 270,858 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 Rate per 100 workers: National Rate: 104,400 3.8 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 55,100 2.0 2.4 546,938 Yes 65 3,610 1,195 2,415 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 75 yrs. $815 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 778,233 50,420 State 44 4.7 4.0 27 22,400 4.4 4.6 11,100 2.2 2.4 151,050 Yes 10 636 337 299 78 yrs. $758 $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 Number of establishments:1 State or federal OSHA program:2 8,348,739 558,405 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 Rate per 100 workers: National Rate: 176,500 3.2 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 94,500 1.7 2.4 1,291,562 Yes 126 5,569 2,828 2,741 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 100 yrs. $928 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 3,856,748 233,808 State 165 3.8 4.0 21 107,600 4.0 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 56,300 2.1 2.4 586,178 Yes 122 5,141 2,484 2,657 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 45 yrs. $529 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 328,097 24,841 Federal 22 6.3 4.0 42 N/A N/A 4.6 N/A N/A 2.4 53,440 No 7 262 182 80 89 yrs. $664 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 5,308,808 290,040 Federal 168 3.0 4.0 14 N/A N/A 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: N/A N/A 2.4 676,623 No 57 2,669 1,465 1,204 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 103 yrs. $923 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 1,465,969 94,703 Federal 95 5.7 4.0 38 47,300 4.6 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 25,900 2.6 2.4 261,217 No 17 664 421 243 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 132 yrs. $889 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 1,652,773 121,435 State 65 3.6 4.0 18 59,200 5.4 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 31,800 2.9 2.4 236,292 Yes 83 5,041 1,807 3,234 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 24 yrs. $300 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 5,552,301 329,487 Federal 224 3.7 4.0 20 N/A N/A 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: N/A N/A 2.4 609,260 No 67 3,045 1,613 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 National average: $839 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 477,420 35,643 Federal 6 1.1 4.0 1 17,800 5.5 4.6 9,200 2.8 2.4 52,685 No 7 365 247 118 96 yrs. $785 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 1,819,217 118,502 State 132 6.7 4.0 45 44,500 3.6 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 24,000 1.9 2.4 289,884 Yes 31 1,680 1,186 494 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 70 yrs. $358 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 375,707 29,138 Federal 31 7.5 4.0 46 N/A N/A 4.6 N/A N/A 2.4 57,826 No N/A 180 123 57 153 yrs. $559 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 2,685,491 131,579 State 139 5.0 4.0 32 90,600 4.8 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 47,300 2.5 2.4 349,255 Yes 60 2,324 673 1,651 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 57 yrs. $885 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 9,583,457 523,346 Federal 495 4.6 4.0 26 246,000 3.6 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 135,700 2.0 2.4 1,474,747 No 86 3,820 2,487 1,333 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 132 yrs. $1,014 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 1,115,375 81,172 State 54 4.4 4.0 24 41,000 5.6 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 18,700 2.6 2.4 154,824 Yes 19 758 381 377 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 107 yrs. $1,073 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 300,919 24,568 State 7 2.0 4.0 2 12,800 6.2 4.6 5,700 2.8 2.4 45,081 Yes 10 269 130 139 91 yrs. $546 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 3,578,558 212,792 State 186 4.9 4.0 29 99,400 4.0 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 49,800 2.0 2.4 495,444 Yes 62 3,954 2,646 1,308 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 54 yrs. $473 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 2,766,451 209,116 State 85 2.6 4.0 8 109,900 6.1 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 52,000 2.9 2.4 432,130 Yes 119 7,137 3,679 3,458 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 29 yrs. $384 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 695,382 47,993 Federal 46 6.1 4.0 39 26,800 5.5 4.6 14,900 3.1 2.4 114,702 No 8 495 183 312 90 yrs. $710 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005:8 Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National Rate: 2,744,006 161,225 Federal 125 4.3 4.0 23 109,900 5.8 4.6 Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: 56,900 3.0 2.4 349,709 No 36 1,503 743 760 Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 103 yrs. $848 $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 Number of establishments:1 State or federal OSHA program:2 Number of workplace fatalities, 2005:3 Rate per 100,000 workers, 2005: National Rate, 2005: Ranking of state fatality rate, 2005: Total cases of workplace injuries and illnesses, 2005:4 Rate per 100 workers: National rate: Total injury and illness cases with days away from work, job transfer or restriction, 2005:5 Rate per 100 workers: National rate: Number of state and local employees:1 Are state and local employees covered by the OSHAct?2 Number of workplace safety and health inspectors, FY 2007:6 Number of workplace safety and health inspections conducted, FY 2006:7 Construction: Non-construction: Length of time it would take for OSHA to inspect each workplace once: Average penalty assessed for serious violations of the OSHAct, FY 2006:7 National average: 254,418 23,033 State 46 16.8 4.0 50 9,500 5.8 4.6 4,800 2.9 2.4 51,729 Yes 8 392 243 149 58 yrs. $515 $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