OSHA Enforcement: Vital to a Safe and Healthy Workforce
OSHA's purpose is to promote and to ensure workplace safety and health and to reduce
workplace fatalities, injuries and illnesses. Although OSHA must respond to new challenges
from emerging industries, new technologies, and an ever-changing workforce, OSHA's mission
remains the same. OSHA enforcement, using mechanisms such as Site Specific Targeting
(SST), Local Emphasis Programs (LEPs), National Emphasis Programs (NEPs), and the
Enhanced Enforcement Program (EEP), plays a vital role in fulfilling that purpose.
OSHA enforcement remains focused, active, and effective. There are many components to
OSHA's effort, and multiple intermediate measures of its effectiveness. Ultimately, the most
important measure of OSHA'effectiveness is the number of employees who go home
everyday healthy and uninjured.
OSHA's Enhanced Enforcement Program Shows Continued Success in FY2006
The Agency's Enhanced Enforcement Program (EEP) focuses on employers who, despite
OSHA's enforcement and outreach efforts, repeatedly ignore their OSH Act obligations, and
place their employees at risk. EEP targets cases with extremely serious violations related to a
fatality or multiple willful or repeated violations. During the first three years (FY2004-2006) of
the program, OSHA identified an average of 459 inspections per year that qualified as EEP
cases. OSHA identified 467 EEP cases in FY2006. The objective of EEP is to assure
sustained compliance at these workplaces. If an inspection is classified as an EEP, then it may
receive, among other things, follow-up inspections, inspections of other workplaces of that
employer, and more stringent settlement provisions.
OSHA Enforcement Activity in the Seven Target Industries Remains Robust
In 2003, OSHA developed a 5-year Strategic Management Plan (SMP) directing the Agency's
resources towards three overarching goals, one of which focuses on the reduction of
occupational injuries, illnesses, and loss of life. To accomplish the goals of fatality, injury, and illness reduction set forth in its Strategic Management Plan, OSHA identified seven industries
with high injury/illness rates and a high proportion of severe injuries/illnesses for focused
targeting of outreach, education and enforcement activity. These industries include:
- Landscaping and Horticultural Services
- Oil and Gas Field Services
- Fruit and Vegetable Processing
- Blast Furnace and Basic Steel Products
- Ship and Boat Building and Repair
- Public Warehousing and Storage
- Concrete and Concrete Products
During FY2006, OSHA conducted 1,481 inspections within these seven industries. Many of
these inspections were a result of Local Emphasis Programs (LEPs), which Area and Regional
offices develop to address specific hazards of their geographic location. The objective of
OSHA's effort is to significantly lower the disproportionately high injury and illness rates in
these industries.
Local Emphasis Programs Play a Major Role in OSHA Enforcement
Local Emphasis Programs (LEPs) are enforcement strategies designed and
implemented at the Regional Office and/or Area Office levels. Nationwide,
there are over 150 individual programs (sometimes implemented by multiple
offices) that address a wide range of industries and hazards such as:
- Logging
- Grain Handling
- Overhead Power Lines
- Bridge and Tunnel Construction
- Residential Construction
- Meat Packing
- Powered Industrial Trucks
- Auto Body Shops
- Commercial Diving
- Electroplating
During FY2006, OSHA conducted 18,895 inspections (out of 38,579 total inspections)
that were related to an LEP, showing that using localized expertise and knowledge to
target specific industries and hazards allows for more efficient use of OSHA's
resources.
Injury and Illness Rates Fall to All-Time Lows
Total recordable and lost workday case rates continued their steady decline. The rates for
calendar year 2005, reported on October 19, 2006, were the lowest that BLS has ever
reported. The rate at which employees experienced a recordable injury has decreased by
13.2 percent since 2002 and the lost workday case rate declined by 14.3 percent over
the same period. The continued decline in the lost workday case rate means that fewer
American employees encountered safety or health hazards that resulted in serious injuries or
illnesses.
Injury and Illness Rates1,2 |
2001 |
2002 |
2003 |
2004 |
2005 |
% Reduction
2002-20053 |
Total Recordable Case Rate |
5.7 |
5.3 |
5.0 |
4.8 |
4.6 |
-13.2% |
Lost Workday Case Rate |
2.8 |
2.8 |
2.6 |
2.5 |
2.4 |
-14.3% |
Note: Due to the revised recordkeeping requirements, estimates
from 2002 and later surveys on are not comparable with those from prior years, thus resulting
in the discontinuous graph. The first year for the revised recordkeeping requirements was 2002,
which was considered an evaluation period by BLS.
Fatality Rate Matches All-Time Low
In calendar year 2005, the rate of fatal work injuries was 4.0 fatalities per 100,000 employees,
as compared with 4.1 fatalities per 100,000 employees the previous year. This represents a
decrease over the previous year and matches the all-time low achieved since the BLS instituted
its Census of Fatal Occupational Injuries in 1992. OSHA continues to aggressively pursue the
reduction of workplace fatalities through implementation of its Strategic Management Plan.
While the number of fatalities among Hispanic employees increased slightly over last year, the
fatality rate for Hispanics was lower than the prior year. OSHA continues to broaden its efforts
to reach these at-risk employees. Initiatives include Spanish-language publications available in
print and on OSHA's website along with other compliance assistance information.
Additionally, OSHA regional and area offices conduct Local Emphasis Programs (LEPs) that
target industries, such as construction, in which Hispanic employees are significantly
represented.
Fatality Statistics |
2001 |
2002 |
2003 |
2004 |
2005 |
% Reduction
2001-2005 |
Total Number of Fatalities |
5,915 |
5,524 |
5,575 |
5,764 |
5,702 |
-3.6% |
Fatality Rate4 |
4.3 |
4.0 |
4.0 |
4.1 |
4.0 |
-7.0% |
Hispanic Fatality Rate3 |
6.0 |
5.0 |
4.5 |
5.0 |
4.9 |
-18.3% |
![Total Number of Fatalities Total Number of Fatalities](https://webarchive.library.unt.edu/eot2008/20090826111113im_/http://osha.gov/images/tfr_w_hisp_06.gif)
OSHA Inspection Activity Remains Vigorous and Proactive
OSHA continues to maintain its high level of annual inspection activity. In FY2006, OSHA
conducted 38,579 total inspections, exceeding its goal of 37,700. This total represents a 2.6 percent
increase since 2002. These inspections were vital in identifying workplaces that had significant
safety and health hazards, and included over one hundred significant enforcement actions. A
significant enforcement action is an inspection that resulted in a total proposed monetary penalty
of over $100,000. Programmed inspections also showed an increase over the same time
period, increasing by 4.7 percent. Increased programmed activity means that OSHA is devoting
more resources to proactively targeting the industries and employers that experience the
greatest number of workplace injuries and illnesses. Over the past fiscal year, OSHA
experienced a significant increase in the number of inspections generated through referrals from
other governmental agencies. This increase in referrals indicates that OSHA continues to foster
good working relationships with state, local, and other federal authorities. Additionally, the
number of fatality investigations declined by 4.7 percent during FY2006.
OSHA Inspection Statistics |
FY2002 |
FY2003 |
FY2004 |
FY2005 |
FY2006 |
% Change
2002-2006 |
Total Inspections |
37,614 |
39,817 |
39,167 |
38,714 |
38,579 |
+2.6% |
Total Programmed Inspections |
20,539 |
22,436 |
21,576 |
21,404 |
21,506 |
+4.7% |
Total Unprogrammed Inspections |
17,075 |
17,381 |
17,590 |
17,310 |
17,073 |
0.0% |
Fatality Investigations |
1,134 |
1,021 |
1,060 |
1,114 |
1,081 |
-4.7% |
Complaints |
7,896 |
7,969 |
8,062 |
7,716 |
7,376 |
-6.6% |
Referrals |
4,447 |
4,472 |
4,585 |
4,787 |
5,019 |
+12.9% |
Other |
3,598 |
3,880 |
3,829 |
4,807 |
3,555 |
-1.2% |
Total Violations Remain at High Levels; Serious and Repeat Violations Increase
In FY2006, 83,913 violations of OSHA's standards and regulations were found in the nation's
workplaces, an 8.1 percent increase since 2002. The number of willful violations, while a
decrease from the previous year, still represents an increase of 44.7 percent over the past five
fiscal years. The total number of violations issued remained relatively constant in FY2006 as
compared with FY2005. The number of both serious and repeat violations issued increased
over the previous fiscal year, as well over the past five years. This demonstrates that OSHA is
identifying and eliminating more serious hazards in the workplace, as well as identifying more
employers who have repeatedly violated OSHA standards.
OSHA Violation Statistics |
FY2002 |
FY2003 |
FY2004 |
FY2005 |
FY2006 |
% Change
2002-2006 |
Total Violations |
77,633 |
83,539 |
86,708 |
85,307 |
83,913 |
+8.1% |
Total Serious Violations |
53,845 |
59,861 |
61,666 |
61,018 |
61,337 |
+13.9% |
Total Willful Violations |
331 |
404 |
462 |
747 |
479 |
+44.7 |
Total Repeat Violations |
1,867 |
2,147 |
2,360 |
2,350 |
2,551 |
+36.6% |
Total Other-than-Serious |
21,128 |
20,552 |
21,705 |
20,819 |
19,246 |
-8.9% |
Whistleblower Complaints under Section 11(c) of the OSH Act
Section 11(c) of the Act prohibits reprisals, in any form, against employees who exercise rights
under the Act. The administration of Section 11(c) is thus integral to OSHA's core mission.
In FY2006, OSHA completed 1,233 investigations of 11(c) complaints. Twenty-three percent
were meritorious complaints, 95% of which resulted in settlements. Sixty-two percent of the
complaints were dismissed, and 15% were withdrawn.
The twenty-six state programs completed 884 whistleblower investigations. Twenty-one
percent were meritorious, 74% of which resulted in settlements. Sixty-four percent of the complaints were dismissed, and 14% were withdrawn.
Summary
OSHA's enforcement efforts remain vital to workplace safety and health, targeting the most
hazardous workplaces and the employers that have the highest injury and illness rates.
Innovative approaches such as EEP, LEPs, and the Seven Target Industries enable OSHA to
more effectively identify serious safety and health hazards, address recalcitrant employers, and
more efficiently use its resources. OSHA continues to focus on the bottom line: reducing
workplace injuries, illnesses, and fatalities. As a result, OSHA is accomplishing its mission and
at the same time is adding value to business, to the workplace, and to life.
1Rates reflect number of cases per 100 full-time workers.
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2Rates are for private industry employers.
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3Due to the revised recordkeepig requirements, estimates from
the 2002 and later surveys are not comparable with those from prior years. The first year
for the revised recordkeeping requirements was 2002, which was considered an evaluation
period by BLS.
[ back to Injury and Illness Rate ]
[ back to Hispanic Fatality Rate ]
4Rates reflect number of fatalities per 100,000 full-time employees.
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