Transportation

1
Transportation Workplace Advocacy
StrategiesUpdate to ChaptersOctober 21, 2012
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Discussion Topics

• Transportation Advocacy
• Federal Surface Transportation Reauthorization
  Bill
• State Distracted Driving Teen Safe Driving
  Advocacy
• Grassroots Advocacy Activities
• Workplace Advocacy
• OSHA Activities Update
• NIOSH Activities Update
• Workplace Congressional Update
• Grassroots Advocacy Strategies
• How Chapters Can Help

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Surface Transportation Reauthorization Bill

• Passed Congress June 29th, authorizes highway
  programs through September 2014
• Largely bipartisan passage
• Passed Senate 74-19
• Passed House 373-52
• Distracted driving and GDL incentives for states
  are included in the bill

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Distracted Driving Provisions

• 23 million incentive grant program
• Texting ban
• Primary enforcement
• Minimum fine for first violation, with increasing
  fines for subsequent violations
• Complete cell phone ban for youth drivers (lt18)
• Primary enforcement minimum and increasing fines

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GDL Provisions

• 13 million grant program for states that adopt
  comprehensive GDL system
• To qualify for grant, state must have GDL system
  in place that contains specific minimum
  requirements

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GDL Provisions

• 3-stage licensing process
• Learners permit stage
• At least 6 months in duration
• Prohibits cell phone usage in nonemergency
  situation
• Remains in effect until 16 (intermediate stage)
  or 18
• Intermediate license stage
• At least 6 months in duration, until age 18
• Prohibits cell phone usage in nonemergency
  situation
• Restricts driving at night
• Passenger limit 1 non-familial passenger
• Full license

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NHTSA Distracted Driving Grant Notice

• Notice of funding availability issued in August
• 11.9 million in FY13 for states that have passed
  a texting ban for all drivers a total cell
  phone ban for drivers under the age of 18
• Primary offenses, minimum and escalating fines
• 5.6 million in FY13 for states that have enacted
  texting ban for all drivers, and do not qualify
  for 11.9 million grant program
• Primary offense
• 5 million for NHTSA distracted driving ad
  campaign

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Status of NHTSA GDL Rulemaking

• NHTSA issue notice of proposed rulemaking on
  October 5th
• Comment deadline is October 25th
• Nighttime driving restrictions will be determined
  in the rulemaking stage

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State Advocacy - Michigan

• SB 756, Kelseys Law, passed the State Senate
  on March 15th, 2012
• Full cell phone ban for level 1 and level 2
  license holders (under age 18)
• Being held up in State House by Speaker
• You shouldnt regulate common sense
• NSC is working on a grassroots campaign to
  pressure the Speaker to allow the bill to be
  taken up by the House

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State Advocacy - Ohio

• In 2012, the state passed legislation to
  implement new cell phone restrictions
• Texting ban for all drivers, secondary
  enforcement
• Total device ban for drivers under age 18,
  primary enforcement
• Rep. Rex Damschroder plans to introduce
  legislation to improve Ohios GDL system.
  Provisions include
• No teen passengers primary enforcement
• Nighttime driving prohibition from midnight to
  500 a.m. during intermediate licensure
• Primary belt enforcement for driver and all
  passengers if driver was born after 1/1/96

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State Advocacy Texas

• In 2011, Gov. Rick Perry vetoed a bill banning
  texting for all drivers. The legislature was not
  in session in 2012.
• State legislature in session 1/8 5/27
• Only meets semiannually
• Currently developing plan to improve State GDL
  law with focus on improving passenger restriction
  and nighttime driving provisions
• Will work to pass texting law should Governor be
  willing to reconsider legislation

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Launch of Capwiz

• Launch of Capwiz
• Capwiz.com/nsc
• Rapid mobilization capability
• Action Alert notifications
• Taking Action
• Campaigns to Date
• Surface Transportation Bill Advocacy
• 346 advocates sent 677 messages at key points in
  legislative process
• Michigan SB 756 Kelseys Law
• 79 advocates sent 81 messages
• Please encourage members, friends and family to
  subscribe and participate!!!

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How Chapters Have Helped

• Twenty chapters sent 27 letters to federal
  legislators in support of the STANDUP Act and
  Surface Transportation Reauthorization Bill
• Several chapters are involved in their states
  teen safe driving coalitions and have attended
  in-district meetings with a Member of Congress.
• Three chapters identified larger member companies
  that would potentially be willing to have their
  companys government affairs staff contact an
  elected official in support of the STANDUP Act.
• At least five chapters were involved in advocacy
  to support state transportation safety
  legislation.
• THANK YOU for your support of our efforts!

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Transportation Advocacy

• Questions?

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Workplace Advocacy

• OSHA Activities Update
• NIOSH Activities Update
• Workplace Congressional Update

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OSHA Alliance Agreement Renewal

• NSC has maintained an Alliance Agreement with
  OSHA since 2003
• OSHA and NSC renewed the Alliance in August 2012
• Alliance Agreement focus areas
• Construction safety
• Injury and Illness Prevention Programs (I2P2)
• Motor vehicle safety

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Future OSHA-NSCAlliance Products

• Specific products to be developed under the
  renewed Alliance include
• A fact sheet on near miss reporting focused on
  the elements of best practice near miss reporting
• A sample policy for employers focused on
  encouraging worker engagement in identifying
  hazards and reducing risk in the workplace
• A fact sheet focussed on the specific hazard
  identification and control topics that should be
  included in worker training
• A fact sheet on the ROI of I2P2
• A case study on preventing falls from heights in
  construction
• All OSHA-Alliance developed products will
  continue to be shared with the chapter network

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Construction Roundtable

• Group of Alliance participants working to share
  construction-related information and develop
  compliance assistance tools and best practice
  resources
• Nigel Ellis (Construction Services Division
  member) serves as an NSC representative
• Recently crafted safety design solution focused
  on flat bed safety in steel construction
• Regularly reviews other Roundtable products
  focused on falls from heights
• Last meeting focused on hearing conservation
  issues
• NSC identified Rick Stepkin, an occupational
  audiologist, to present at the meeting

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OSHA NSC Congress Participation

• OSHA Administrator Dr. David Michaels to present
  at Occupational Keynote session on Tuesday _at_
  1230
• OSHA will participate in 7 technical sessions
• Fall Protection Equipment Calculating the Fall
  Distance (Tuesday, 4-530)
• Ammonia Refrigeration Effective Process Safety
  Management Strategies (Monday, 4-530)
• OSHA Current Activities An Update (Monday,
  2-330)
• Safe Patient Lifting (Tuesday, 2-330)
• Safety Health Assistance for Small and Medium
  Businesses (Wednesday, 1-230)

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OSHA NSC Congress Participation

• OSHA Technical Sessions (continued)
• VPP Ensuring Effective Safety Incentive
  Programs (Monday, 2-330)
• Most Interesting OSHA Cases (Wednesday, 1-230)
• OSHA staff to exhibit on exhibit floor

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NSC NACOSH Participation

• Top workplace safety advisory committee
  established to advise the Secretary of Labor and
  the Secretary of Health and Human Services on
  occupational safety and health programs and
  policies
• Jim Johnson term on the committee expires
  December 2012, nominated for reappointment
• Recent committee recommendations include
• I2P2 as no.1 priority and call for national
  symposium (repeat from 6/20/12, 12/15/11,
  6/22/11, 2/14/11)
• Effectiveness Measures workgroup established and
  request for information submitted
• Finalize silica rule (initiated 14 years ago,
  SBREFA completed 8 years ago, at OMB for over 1
  year vs. required 4.5 months)
• Modernize injury and illness data collection
  system and add MSD column (recordkeeping
  workgroup ended 6-20-12)
• Replace outdated PELs with requirements
  consistent with current scientific evidence

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OSHA Heat Illness Prevention Campaign

• Nationwide outreach campaign to raise awareness
  among workers and employers about the hazards of
  working outdoors in hot weather
• Educational resources, including training on how
  to use the heat index
• Advisory, not regulatory
• Products produced this year
• Heat Outreach Wallet Card
• Public Service Announcements (English Spanish)
  on Heat Illness Prevention by Dolores Huerta
• Heat Smartphone Application
• osha.gov/SLTC/heatillness/index.html

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OSHA Falls from Heights Campaign

• Falls are the leading cause of death in
  construction
• Plan, Provide, Train
• Products Produced
• Poster
• Fact Sheet
• Fall Prevention Wallet Card
• Prevention Videos
• Web site with educational resources
• Prevention Videos
• Floor Openings
• Fixed Scaffoldings
• Bridge Decking
• Reroofing
• Leading Edge Work
• Falls prevention

osha.gov/stopfalls
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OSHA VPP Update

• NSC Adopted Official Policy/Position in February
  2011
• August OSHA staff report to senior OSHA
  leadership called for streamlined oversight, 34
  separate recommendations for improvement,
  including
• Recommendation to discontinue merit category of
  VPP membership, reconsider corporate category
• Fatality and willful repercussions result in
  inactive status
• VPP site exemption from OSHA programmed
  inspections remains
• Reducing regional differences in VPP judging
• VPP renewals handled by regional offices
• OSHA leadership in process of determining which
  recommendations to adopt

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Injury and IllnessPrevention Programs

• NSC Adopted Official Policy/Position in May 2010
• Little progress on I2P2 rulemaking
• OSHA published I2P2 White Paper in January 2012
• Describes the costs of workplace injuries and
  fatalities
• Supplies evidence that I2P2 can improve the
  bottom line
• Examines impact of related programs in effect in
  various states and in the Department of Defense
• Shares case studies of programs implemented under
  VPP
• Considers impact on small businesses
• I2P2 Symposium
• NACOSH recommendation that OSHA, NIOSH, NSC and
  other stakeholders bring together diverse group
  of company sizes and industries to share best
  practices and educate employers on benefits of
  I2P2 programs

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OSHA Agency Activities Update

• Hazard Communication Standard
• Whistleblower Protection Advisory Committee
• Extension of temporary enforcement measures in
  residential construction
• Application of worker safety and health
  requirements for cranes and derricks to
  demolition and underground construction
• Increased focus on effectiveness of State Plan
  States

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OSHA Funding

• NSC Policy Position
• NSC has drafted a proposed policy position on
  OSHA funding, calling on Congress and the
  Administration to
• Ensure stable, adequate funding for all agency
  key functions, including compliance assistance
  support, regulation, and enforcement
• Set priorities founded on performance-based
  fundamentals founded on sound science and
  improved measurements

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NORA Manufacturing Sector Council Participation

• August 16-17 Sector Council meeting with
  workgroups on
• Contact with objects/equipment and falls
• Focus on lock out tag out for food and beverage
  industry
• MSDs and hearing loss prevention
• Focus on creating a virtual library on hearing
  loss prevention, then MSDs
• Respiratory disease and cancer
• Focus on NANO
• Health disparities, vulnerable populations and
  small businesses
• Focus on machine guarding for small businesses
• Emerging risks and catastrophic incidents
• Focus on NANO
• Introducing the NORA-NSC Research to Practice
  track at Congress
• Tuesday, 10/23 at 2p Introducing the NORA
  Manufacturing Sector Research to Practice Track
• Tuesday, 10/23 at 4p Identifying Effective
  Hearing Loss Prevention Programs Safe-In-Sound
• Wednesday, 10/24 at 915a Emerging Risks of
  Stress and Inadequate Sleep
• Wednesday, 10/24 at 1p Implementing the Agenda
  The Toyota Projects

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NIOSH Programs Update

• April launch of construction fall prevention
  campaign in cooperation with OSHA CPWR
• Developing campaign posters, handouts, fact
  sheets
• Campaign websites cdc.gov/niosh/constuction/stop
  falls stopconstructionfalls.com
• Newly Published Resources
• Small Business Safety Health Resource Guide
• Safe Practices for Working with Nanomaterials
• Focus on green construction and prevention
  through design

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FY13 Appropriations

• Continuing resolution
• CR will keep government running at FY12 levels,
  in absence of budget, through March 2013
• No further appropriations legislation anticipated
  through end of this Congress
• Sequester
• Scheduled to take place beginning of 2013, if
  lack of Congressional action
• 8.2 budget cuts to CDC, OSHA, MSHA, NHTSA
  (Operations Research)
• Sequester unlikely to affect Highway Trust Fund
• Congress expected to work in lame duck to avert
  sequester

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OSHA NIOSH Appropriations
  Funding in Millions Funding in Millions Funding in Millions Funding in Millions
OSHA FY 2012 Enacted FY 13 WH Request FY 13 Senate FY 12 House
Safety Health Standards 20 21 21 19.5
Federal Enforcement 208.1 207.1 207.1 208.1
Whistleblower Enforcement 15.9 20.7 18.7 14.8
State Programs 104.4 104.2 104.2 104.2
Technical Support 25.9 24.9 24.9 25.9
Compliance Assistance        
Federal Assistance 76.5 73.1 75 81
State Consultation Grants 58 57.9 57.9 65.8
Training Grants 10.7 10.7 11 0
Subtotal Compliance Assistance 145.2 141.7 143.9 146.8
Safety Health Statistics 34.8 34.3 34.3 34.8
Executive Direction and Administration 11.5 11.5 11.5 11.5
Total Appropriation 565.9 565.5 565.5 565.7
  Funding in Millions Funding in Millions Funding in Millions Funding in Millions
NIOSH FY 12 Enacted FY 13 WH Request FY 13 Senate FY 12 House
Total Appropriations 293.6 249.4 292.6 249.7
       
The House Appropriations Committee bill for FY
13 would fund OSHA at 560 million, a 0.8
decrease from FY12. Specific funding details are
not available at this time.
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WH Budget Request

• Proposes to eliminate funding for NIOSH Education
  and Research Centers (ERCs)
• The original programmatic plan was to provide
  money for five years for institutions to develop
  and/or expand existing occupational health and
  safety training programs and for the grantees to
  become self-sustaining over time. This original
  goal has been met.
• FY12 - 24 million
• Agriculture, Fisheries and Forestry
• One of 10 sectors focused on over several years
  by CDC, with positive accomplishments
• Given the relation to CDCs mission and the
  ability to have a national impact on improved
  health outcomes, the AgFF program has been
  designated as a low priority program and proposed
  for elimination.
• FY12 - 20 million

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House AppropriationsPolicy Riders

• Prevents OSHA from proceeding with rulemaking on
  I2P2
• Defunds enforcement of portion of OSHAs grain
  handling standard
• Requires employers to lock out/tag out equipment
  inside grain silos unless they are 6 feet away
  from any partially-guarded or unguarded energized
  equipment
• Prevents OSHA from enforcing residential roofing
  fall protection directive
• Terminates Susan Harwood training grants program

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NSC 2013 Workplace Advocacy Priorities

• Support stable, balanced funding for OSHA NIOSH
• Appropriations Bills
• Support I2P2
• Appropriations Bills
• I2P2 Symposium
• Support VPP Program
• Appropriations Bills
• VPP Protection Act

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Grassroots Advocacy Strategies

• Initiate development of NSC key contact program
• Conduct advocacy training sessions
• Host Capitol Hill days for NSC divisions
• Initiate grassroots letter writing campaigns to
  targeted elected officials on specific committees
  of jurisdiction, as needed

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How Chapters Can Help

• Share our advocacy calls to action in your
  chapter newsletters
• Share our advocacy alerts on your Facebook
  timelines
• Participate in a teen safe driving coalition in
  your state
• Schedule in-district meetings with your federal
  and state elected officials
• Attend elected officials town hall meetings,
  neighborhood office hours

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How Chapters Can Help

• Draft letters to key legislators
• Draft letters to the editor in key states
• Friend/Like your Member of Congress on Facebook,
  follow them on Twitter, join their email list
• Build a relationship with your OSHA local area
  office
• Share any relevant legislative or regulatory
  information with the Government Affairs team

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Questions?

• Luke George
• Senior Government Relations Manager
• 202.974.2480
• Luke.George_at_nsc.org
• Julian Hoffman
• Government Affairs Assistant
• 202.974.2472
• Julian.Hoffman_at_nsc.org