OSHA enforcement remains strong and effective. In FY2005, following an explosion at a petroleum refinery, OSHA conducted the most extensive investigation of its kind which resulted in the largest penalty ever - more than $20 million. Additionally, OSHA issued more willful violations during FY2005 than in any previous year. There are many components to OSHA's effort, and multiple intermediate measures of its effectiveness. However, the ultimate outcome measure of OSHA's effectiveness is the reduction in workplace injuries, illnesses and loss of life - the fact that more workers than ever before go home safe, healthy and whole to their families at the end of every workday.
Enforcement program shows significant gains
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 FY2005, OSHA identified 615 inspections that qualified as EEP cases - a 200 percent increase over the preceding year. The objective of EEP is to assure sustained compliance at these facilities. 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.
Enforcement activity robust in target industries
In 2003, OSHA developed a five-year Strategic Management Plan (SMP) directing the Agency's resources towards three over-arching 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 the 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
Injury/illness rates continue steady decline
Total recordable case rates continued their steady decline. The rate for 2004 (the most recent data available) was the lowest since the implementation of OSHA's revised recordkeeping standard in 2002. In addition to the decline in the rate of total recordable injuries and illnesses, the rate of cases that resulted in lost workdays fell yet again. The continued decline in the lost workday case rate means that fewer American workers encountered safety or health hazards that resulted in serious injuries or illnesses.
Injury and Illness Rates1,2 | 2000 | 2001 | 2002 | 2003 | 2004 | % Reduction 2002-2004 |
Total Recordable Case Rate | 6.1 | 5.7 | 5.3 | 5.0 | 4.8 | 9.4% |
Lost Workday Case Rate | 3.0 | 2.8 | 2.8 | 2.6 | 2.5 | 10.7% |
Note: Due to the revised recordkeeping requirements, estimates from 2002 survey 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 remains low
The rate of fatal work injuries was 4.1 fatalities per 100,000 workers as compared to 4.0 fatalities per 100,000 workers the previous year. While a slight increase over the previous year, this figure is still very close to an all-time low and is down by nearly 5 percent since 2001. OSHA continues to aggressively pursue the reduction of workplace fatalities through implementation of the Strategic Management Plan. Through Site-Specific Targeting (SST), the Enhanced Enforcement Program, and Local Emphasis Programs, OSHA intends to maintain a high level of direct interventions in an effort to reduce the rate of occupational fatalities.
While fatalities among Hispanic workers increased slightly over last year the fatality rate is down by 12.5 percent since 2001. OSHA continues to broaden its efforts to reach these at-risk workers. Initiatives include Spanish-language publications available in print and on OSHA's Web site 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 workers are significantly represented.
Fatality Statistics | 2000 | 2001 | 2002 | 2003 | 2004 | % Reduction 2002-2004 |
Total Number of Fatalities | 5,920 | 5,915 | 5,534 | 5,575 | 5,703 | 3.7% |
Fatality Rate3 | 4.3 | 4.3 | 4.0 | 4.0 | 4.1 | 4.9% |
Hispanic Fatality Rate3 | 5.6 | 6.0 | 5.0 | 4.5 | 4.9 | 12.5% |
Inspection activity remains vigorous
OSHA continues to maintain its high level of annual inspection activity. In FY2005, OSHA conducted 38,714 total inspections, exceeding its goal of 37,700. Unprogrammed inspections showed an increase over the previous fiscal year. OSHA responded to more employee complaints and conducted more inspections based on referrals from other agencies than the previous year. Programmed inspections continue to focus on high hazard industries, which have the highest lost-time injury rates.
OSHA Inspection Statistics | FY2001 | FY2002 | FY2003 | FY2004 | FY2005 | % Change 2001-2005 |
Total Inspections | 35,974 | 37,614 | 39,817 | 39,167 | 38,714 | + 7.6% |
Total Programmed Inspections | 17,946 | 20,539 | 22,436 | 21,576 | 21,404 | + 19.3% |
Total Unprogrammed Inspections | 18,027 | 17,075 | 17,381 | 17,590 | 17,310 | - 4.0% |
Fatality Investigations | 1,130 | 1,134 | 1,021 | 1,060 | 1,114 | - 1.4% |
Complaints | 8,374 | 7,896 | 7,969 | 8,062 | 7,716 | - 7.9% |
Referrals | 4,434 | 4,447 | 4,472 | 4,585 | 4,787 | + 8.0% |
Other | 4,089 | 3,598 | 3,880 | 3,829 | 4,807 | + 17.6 |
Total violations remain at high levels; willful violations rise sharply
In FY2005, 85,307 violations of OSHA's standards and regulations were found in the nation's workplaces; a 9.5 percent increase since 2001. The number of willful violations increased 62 percent over FY2004. Although there has been a slight decrease in the total number of violations issued, this is attributable to OSHA's allocation of resources to the recovery efforts following the devastation of Hurricanes Katrina and Rita. The increase in willful violations shows that OSHA enforcement continues to be strong, identifying employers who intentionally disregarded the law and ensuring that employees are protected from serious hazards. This demonstrates that OSHA is targeting its resources on those employers who have the highest injury and illness rates and on worksites where employees are more likely to be injured or killed on the job.
OSHA Violation Statistics | FY2001 | FY2002 | FY2003 | FY2004 | FY2005 | % Change 2001-2005 |
Total Violations | 77,893 | 77,633 | 83,539 | 86,708 | 85,307 | + 9.5% |
Total Serious Violations | 52,180 | 53,845 | 59,861 | 61,666 | 61,018 | + 16.9% |
Total Willful Violations | 537 | 331 | 404 | 462 | 747 | + 39% |
Total Repeat Violations | 1,872 | 1,867 | 2,147 | 2,360 | 2350 | + 26% |
Total Other-than-Serious | 22,776 | 21,128 | 20,552 | 21,705 | 20,819 | - 8.6% |
OSHA's enforcement efforts remain strong, fair, and effective, targeting the most hazardous workplaces and the employers who have the highest injury and illness rates. OSHA continues to focus on the bottom line: reducing workplace injuries, illnesses, and fatalities. Safety and health add value to business, to the workplace, and to life.