WA Alaska Alaska ME Occupational Safety and Health State Plan Association AK MT ND VT 2016 Board of Directors OR MN NH Arizona Arizona ID NY MA SD WI CT RI WY MI California Chairperson Directors California NJ IA PA 2016 Special Report NE James Krueger Dan Bulkley NV OH MD Connecticut IL IN DE Director Deputy Administrator HA UT CA CO WV MNOSHA Compliance Wyoming Dept. of Workforce Services VA KS MO KY Hawaii Occupational Safety and Health Division OSHA Division Hawaii NC Minnesota Dept. of Labor and Industry 1510 E. Pershing Blvd., West Wing TN OK Illinois 443 Lafayette Road N Cheyenne, WY 82002 Illinois PUERTO VIRGIN AZ AR SC RICO ISLANDS NM St. Paul, MN 55155 Phone: 307-777-7710 MS AL GA Indiana Phone: 651-284-5462 Email: [email protected] Indiana Email: [email protected] TX LA Iowa Steve Hawkins Iowa FL Vice Chairperson Administrator Kentucky Tennessee Department of Labor and Kentucky Kevin Beauregard Impact and Funding Workforce Development Maine Assistant Deputy Commissioner 220 French Landing Dr. Maine State Plan Programs Occupational Safety and Health Division Nashville, TN 37240 Covering Private and Public Sectors States Covered by Federal OSHA Maryland North Carolina Dept. of Labor Phone: 615-741-7161 Maryland Alaska New Mexico Private Sector Only 1101 Mail Service Center Email: [email protected] of State Occupational Arizona North Carolina Alabama Montana Michigan Raleigh, North Carolina 27699-1101 Michigan California Oregon Arkansas Nebraska Phone: 919-807-2863 Janet Kenney Email: [email protected] Hawaii Puerto Rico Colorado New Hampshire Operations Manager Minnesota Washington Dept. of Labor and Industries Minnesota Indiana South Carolina Connecticut New Jersey Division of Occupational Safety and Health Safety and Health Iowa Tennessee Delaware Nevada Past Chairperson PO Box 44600 Nevada Kentucky Utah Dist. of Columbia North Dakota Michael Wood Olympia, WA 98504 Maryland Vermont Florida Ohio New Jersey Administrator Phone: 360-902-5430 New Jersey Oregon OSHA Division Michigan Virginia Georgia Oklahoma Email: [email protected] Programs New Mexico Dept. of Consumer and Business Services New Mexico Minnesota Washington Idaho Pennsylvania 350 Winter St. NE, Rm. 430 Ken Tucker Nevada Wyoming Illinois Rhode Island New York Salem, Oregon 97309 Director New York Kansas South Dakota Phone: 503-378-3272 Connecticut Dept. of Labor State Plan Programs Louisiana Texas North Carolina Email: [email protected] Division of Occupational Safety and Health North Carolina Covering Public Sector Only Maine Virgin Islands 38 Wolcott Hill Rd. Connecticut New Jersey Massachusetts West Virginia Oregon Wethersfield, CT 06109 Oregon Treasurer Phone: 860-263-6929 Illinois New York Mississippi Wisconsin Puerto Rico Resty Malicdem Email: [email protected] Puerto Rico Maine Virgin Islands Missouri Program Coordinator Nevada OSHA South Carolina 1301 North Green Valley Parkway, South Carolina State Plan Programs Ste. #200 Tennessee Tennessee Currently, there are 28 states and territories with state-operated programs for worker safety and health. Twenty- Henderson, NV 89074 Phone: 702-486-9045 one states and one territory have plans covering the private and public sectors. Five states and one territory have Utah Utah programs covering the public sector only. OSHSPA links the 28 state-plan jurisdictions, federal OSHA jurisdictions Email: [email protected] and Congress. Vermont Vermont State Plan Programs have historically led efforts to create multidisciplinary approaches for workplace safety and health. In addition to compliance activity, most states devote significant resources for outreach, including consultative Virgin Islands Virgin Islands services and training resources to employers and workers. Virginia Virginia The OSHSPA states have established a strategic planning process that measures program outcomes based on each state’s unique knowledge of local work activity and hazards. This approach is consistent with the requirements of Washington Washington the Government Performance and Results Act (GPRA). Each state’s strategic plan provides objective information for determining budget levels, and enhances public confidence by showing program activities and results. Wyoming Wyoming Number of Copies: 1,000; Total Cost: $1,348.64; Cost Per Copy: $1.35 Occupational Safety and Health State Plan Association (OSHSPA) CHART 3 CHART 3 "Overmatch"“Overmatch” Contributions Contributions by State by State Plans Plans Proposed Funding Solution (in millions of dollars beyond required matching funds) administration of occupational safety and health programs in this 2016 SPECIAL REPORT: (in millions of dollars beyond required matching funds) A process must be established to accurately and fairly address the nation. The OSHSPA states serve as “laboratories of innovation.” Impact and Funding of State Occupational budgetary requirements of State Plan Programs. Funding for state Because the programs are locally-based, it is easier to develop plans is a separate line in the OSHA budget and must be specifically 100 91.8 92.5 and implement new programs and innovations, alternative 84.7 85.7 addressed. Safety and Health Programs 83.3 approaches, and experiment with new methods for achieving a safe 80 71.7 71.6 72.9 OSHSPA states are a Congressional success story, and are effective and and healthy work environment. efficient users of state and federal tax dollars. The strong partnership Purpose 58.4 Since the federal Occupational Safety and Health Act was enacted 60 with OSHA has placed State Plan Programs in a perfect position to in 1970, workplace fatalities have decreased by 66 percent and 46.7 develop successful grassroots solutions. The purpose of this document is to provide information to Congress 39.9 injury/illness rates are down 67 percent. Working together with 40 At a minimum, State Plan Programs should be currently funded at an federal OSHA, State Plan Programs continually identify new ways and others on the impact and funding of state-operated programs CHART 5 amount that would be in place had state plan funding kept pace with to encourage Programemployer Funding investment & Penalties in workplaceAssessed safety and health. for occupational safety and health. State Plan Programs are highly 20 federal OSHA funding over the last decade. Federal OSHA estimates(in millions employers of dollars for realize FY 15) a $4 − $6 return on every 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 successful, but have experienced significant funding deficiencies. Federal agency budgets contain automatic cost-of-living adjustments $1 invested in worker safety and health. This investment is significant (COLAs), including federal OSHA. State Plan Programs perform the because workplace injuries, illnesses and fatalities were estimated to OSHSPA is working with OSHA to address these deficiencies. • States are required to match federal funds. In addition, state plans same functions as federal OSHA, and should receive the same budget cost the country approximately $198.2 billion in 2012. have consistently contributed “overmatch” funds. (Chart 3) CHART 3 adjustments. Although600 the number of employers and employees continue to • The"Overmatch" “real dollars” Contributions available toby Statestates Plans have significantly 553 Occupational Safety and Health Administration (OSHA) Based on the original intent of Congress and the output of the state increase in most states, the net resources to address workplace decreased(in millions when of dollars considering beyond requiredCHART inflation. 4 matching funds) In 2005, state plans 500 CHART 1 In establishing OSHA, Congress specifically encouraged states to hazards in state plans have declined due to inflation and unfunded CHART 1 OSHA Funding for State Plans 23(g) plans, the long-term goal should be to reach full 50 percent funding. Federal OSHA Budget were funded at $91 million. To fund state plan states at the mandates400 from OSHA. If this trend continues, the potential impacts Federal Osha Budget develop their own safety and health plans, which would provide (in millions of dollars) 100 same level in 2015,and a 91.8budget Impact of of $118 Inflation million would be needed.92.5 (in millions of dollars) enforcement and compliance assistance activities. Section 18 of the are reduced enforcement and outreach capabilities, and smaller (Chart 4) (in millions of dollars) 84.7 85.7 300 Occupational Safety and Health Act, signed into law on December 29, 83.3 reductions in injuries, illnesses and fatalities. Without more resources, 600 CHART 1 558 Impact of State Plan Programs Federal Osha Budget 1970, authorized states to administer a state-operated program for 80125• Initially, federal71.7 OSHA was typically71.6 able72.9 to fund states at a level it may become200 very difficult for some 157states to maintain a program 568 580 (in millions of dollars) 565 occupational safety and health, provided the programs are “at least as of 50 percent of the program costs. As program demands118 have 118 State Plan Programs cover about 40 percent of private-sector workers that is at least as effective101 as federal OSHA, which is a mandatory 559 558 58.4 116 65 560 552 553 114 nationally. In addition, they cover more than 11 million workers 100 600 effective” as federal OSHA. 60115 increased, the states have not been112 provided the necessary requirement for State Plan Programs. 540 federal46.7 OSHA financial resources to “keep up.” in the public sector, which includes state and local governments, 580 568 39.9 107 107 108 Federal OSHA0 has long recognized State Plan Programs for their 513 559 565 Congress envisioned a comprehensive national program that would municipalities, colleges and universities. In all, it’s estimated the 520 558 552 553 40 104 104 104 105 Funding for Penalties 560 provide safety and health protection in all U.S. states and territories. In105 FY 2015, the total103 OSHA budget (including state plan funding) was OSHSPA states cover more than 3 million workplaces and 58 million innovative approaches to protect working men and women across 500 487 486 Prior to the creation of OSHA, many states were already operating increased to nearly100 $553 million (Chart 1). The overall increase100 100 was America. Together, OSHSPA State Plan Programs and federal OSHA 540 97 workers. In FY 2015, state plans conducted more than 43,400 480 472 20 520 464 513 programs to protect their workers. Today, there are 28 states and $1 million from FY 2014, yet state plans did not receive an increase in inspections, identified over 76,900 hazards and assessed nearly $65 will continue to share the message that it pays to invest in safety 95 2005 2006 2007 2008 200993 2010 2011 2012 2013 2014 2015 460 territories that operate a State Plan Program for workplace safety funding,91 while 91 adding 91 Maine90 as a new public-sector state plan. OSHA and health − with the primary goal that workers across the country 500 487 486 million in penalties. (Charts 5 and 6) 440 472 and health, and work together through the Occupational Safety and has also received a significant amount of additional funding in the past return home from work safe and healthy at the end of the day. 480 464 State Plan Programs bring unique strengths and flexibility to the 420 Health State Plan Association (OSHSPA). several85 years for the enforcement of whistleblower regulations, while CHART 5 460 state plans2005 that 2006 also 2007 enforce 2008 2009OSHA 2010 whistleblower 2011 2012 regulations 2013 2014 have 2015 Program Funding & Penalties Assessed 400 440 received no additional funding. (in millions of dollars for FY 15) CHART 6 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 CHART 5 Program InspectionsCHART & Violations 6 420 State Plan OSHA Funding CHARTCHART 4 4 Program Funding & Penalties Assessed Program(for Inspections FY 15) & Violations 400 CHART 2 OSHAOSHA Funding Funding for StateState Plans Plans 23(g) 23(g) and (in millions of dollars for FY 15) (for FY 15) States choosing to operate a State Plan Program contribute a 2005 2006OSHA 2007 2008Budget 2009 for 2010 State 2011 Plans 2012 23(g) 2013 2014 2015 and ImpactImpact ofof Inflation Inflation (as percent of total OSHA Budget) significant amount toward funding the program. Congress established CHART 2 (in(in millions millions of dollars) of dollars) 600 76,956 a 50 percent funding level to encourage states to operate their own 553 80,000 20 OSHA Budget forCHART State 2 Plans 23(g) OSHA Budget for State Plans 23(g) programs and to develop innovative approaches to workplace safety 125 500 64,673 19.6 (as percentage of total OSHA Budget) (as percent of total OSHA Budget) and health issues. Because states must provide at least a 50 percent 118 118 60,000 116 19.5 19.3 match, every federal dollar is doubled − which multiplies OSHSPA 114 400 43,471 20 19.2 19.2 115 112 35,820 state plan efforts. 40,000 19.6 107 107 108 300 19 19.5 While Congress envisioned that the partnership between federal OSHA 104 104 104 105 19.3 18.7 105 103 200 157 20,000 18.6 18.6 19.2 19.2 100 100 100 18.5 and the state plans would include federal funding of 50 percent of 101 18.5 18.4 18.4 97 65 the costs − the federal portion for State Plan Programs has diminished 100 0 19 93 18.7 significantly over the years. Some key issues: 95 91 91 91 Number of Inspections Total Violations 18 18.6 18.6 90 0 18 18.5 18.4 18.4 • During the past 11 years, federal OSHA funding has increased Funding for Penalties 18.5 more than 19 percent − while state plan funding has increased 85 17.5 18 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 * 18 less than 10 percent. (Charts 1 & 4) Includes $100.7M from OSHA and $192.5M in match from States 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 • States received 19.2 percent of the overall federal OSHA State Plan 23(g) Federal Dollars - Actual 17.5 budget in FY 2015, compared to 19.6 percent in FY 2005. Adjusted for Inflation - Needed to Maintain 2005 Funding 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 (Chart 2) Federal OSHA State Plan States

CHART 6 Program Inspections & Violations (for FY 15)

76,956 80,000 64,673 60,000 43,471 40,000 35,820

20,000

0 Number of Inspections Total Violations