The Occupational Safety and Health Administration (OSHA) recently released an updated National Emphasis Program (NEP) to focus enforcement efforts on amputation hazards in manufacturing industries. It replaces the previous NEP, released in August 2015, which had expired on September 30, 2019. The new NEP will expire on December 10, 2024.

The new NEP streamlines the older version into a more concise document. The enforcement process is unchanged; the new NEP does not add any new wrinkles or details on how inspectors will go about conducting an inspection. One new surprise, however, is that Voluntary Protection Programs (VPP) status will no longer exempt an employer’s worksite from an NEP inspection.

OSHA’s Office of Statistical Analysis will provide the area offices with software and a database to conduct cycles of programmed inspections. The software presumably produces a list of all covered establishments within the area office’s jurisdiction. From there, the area office has the discretion to inspect all establishments on its list, or less than all establishments on its list. If the area office chooses the latter, the software will produce a randomly-generated partial list of establishments. For example, if the area office chooses to inspect 10 of the 25 establishments on its list, the software will supposedly pick 10 establishments via a random number generator and produce the list. The area office must then inspect those 10 establishments before it can conduct a programmed inspection of any other manufacturing establishments on the list. This only applies to programmed (random) OSHA inspections. If an employer had already been inspected but incurred an amputation incident afterward, OSHA can still open an accident inspection into the recent incident. While the new NEP does not formally provide a time frame in which to conduct these programmed inspections, OSHA’s performance evaluation metrics provide a strong incentive for the area offices to complete these cycles within a fiscal year.

Does the new NEP change anything from the old NEP? Yes. Namely, which establishments will be selected for amputation inspections in manufacturing. OSHA has deployed a new methodology in generating the list of covered industries for the new NEP.

The old NEP selected manufacturing industries with “significant inspection histories” (40 or more federal inspections in the past 8 years), “high BLS rates” (10.0 or greater incident rate for amputations in any given year), and “high BLS numbers” (50 or more amputations per year) to come up with a list of 80 targeted manufacturing industries.

The new NEP tweaks two of the old three criteria (“high OIS inspection numbers” now means 40 or more federal inspections in the past 4 years, not 8 years; “high BLS rates” now means a 7.5 of greater incident rate for amputations in a given year, not 10.0) and added a fourth: manufacturing industries that reported 25 or more amputations to federal OSHA in a calendar year from 2015–2018. The new NEP came up with 75 targeted manufacturing industries.

Industries Covered by the New NEP and the Old NEP

NAICS Code Industry
311511 Fluid Milk Manufacturing
311512 Creamery Butter Manufacturing
311513 Cheese Manufacturing
311514 Dry, Condensed, and Evaporated Dairy Product Manufacturing
311611 Animal (Except Poultry) Slaughtering
311612 Meat Processed From Carcasses
311613 Rendering and Meat Byproduct Processing
311615 Poultry Processing
311811 Retail Bakeries
311812 Commercial Bakeries
311813 Frozen Cakes, Pies, and Other Pastries Manufacturing
311991 Perishable Prepared Food Manufacturing
311999 All Other Miscellaneous Food Manufacturing
321113 Sawmills
321114 Wood Preservation
321911 Wood Window and Door Manufacturing
321912 Cut Stock, Resawing Lumber, and Planing
321918 Other Millwork (Including Flooring)
321920 Wood Container and Pallet Manufacturing
322211 Corrugated and Solid Fiber Box Manufacturing
322212 Folding Paperboard Box Manufacturing
322219 Other Paperboard Container Manufacturing
332111 Iron and Steel Forging
332112 Nonferrous Forging
332114 Custom Roll Forming
332117 Powder Metallurgy Part Manufacturing
332119 Metal Crown, Closure, and Other Metal Stamping (Except Automotive)
332311 Prefabricated Metal Building and Component Manufacturing
332312 Fabricated Structural Metal Manufacturing
332313 Plate Work Manufacturing
332321 Metal Window and Door Manufacturing
332322 Sheet Metal Work Manufacturing
332323 Ornamental and Architectural Metal Work Manufacturing
332710 Machine Shops
332991 Ball and Roller Bearing Manufacturing
332992 Small Arms Ammunition Manufacturing
332993 Ammunition (Except Small Arms) Manufacturing
332994 Small Arms, Ordnance, and Ordnance Accessories Manufacturing
332996 Fabricated Pipe and Pipe Fitting Manufacturing
332999 All Other Miscellaneous Fabricated Metal Product Manufacturing
336211 Motor Vehicle Body Manufacturing
336212 Truck Trailer Manufacturing
336213 Motor Home Manufacturing
336214 Travel Trailer and Camper Manufacturing
337110 Wood Kitchen Cabinet and Countertop Manufacturing

New Industries Targeted by the New NEP

NACIS code Industry
321212 Softwood Veneer and Plywood Manufacturing
321213 Engineered Wood Member (Except Truss) Manufacturing
321214 Truss Manufacturing
321219 Reconstituted Wood Product Manufacturing
326121 Unlaminated Plastics Profile Shape Manufacturing
326122 Plastics Pipe and Pipe Fitting Manufacturing
326191 Plastics Plumbing Fixture Manufacturing
326199 All Other Plastics Product Manufacturing
327331 Concrete Brick and Block Manufacturing
327332 Concrete Pipe Manufacturing
331210 Iron and Steel Pipe and Tube Manufacturing From Purchased Steel
331221 Rolled Steel Shape Manufacturing
331222 Steel Wire Drawing
332721 Precision Turned Product Manufacturing
332722 Bolt, Nut, Screw, Rivet, and Washer Manufacturing
333120 Construction Machinery Manufacturing
333241 Food Product Machinery Manufacturing
333242 Semiconductor Machinery Manufacturing
333243 Sawmill, Woodworking, and Paper Machinery Manufacturing
333244 Printing Machinery and Equipment Manufacturing
333249 Other Industrial Machinery Manufacturing
333511 Industrial Mold Manufacturing
333514 Special Die and Tool, Die Set, Jig, and Fixture Manufacturing
333515 Cutting Tool and Machine Tool Accessory Manufacturing
333517 Machine Tool Manufacturing
333519 Rolling Mill and Other Metalworking Machinery Manufacturing
337211 Wood Office Furniture Manufacturing
337212 Custom Architectural Woodwork and Millwork Manufacturing
337214 Office Furniture (Except Wood) Manufacturing
337215 Showcase, Partition, Shelving, and Locker Manufacturing

Industries Targeted Under the Old NEP but Not the New NEP

NAICS Code Industry
311411 Frozen Fruit, Juice, and Vegetable Manufacturing
311412 Frozen Specialty Food Manufacturing
322220 Paper Bag and Coated and Treated Paper Manufacturing
323111 Commercial Printing (Except Screen and Books)
323113 Commercial Screen Printing
323117 Books Printing
326111 Plastics Bag and Pouch Manufacturing
326112 Plastics Packaging Film and Sheet (Including Laminated) Manufacturing
326113 Unlaminated Plastics Film and Sheet (Except Packaging) Manufacturing
326150 Urethane and Other Foam Product (Except Polystyrene) Manufacturing
326160 Plastics Bottle Manufacturing
327320 Ready-Mix Concrete Manufacturing
327390 Other Concrete Product Manufacturing
331491 Nonferrous Metal (Except Copper and Aluminum) Rolling, Drawing, and Extruding
331492 Secondary Smelting, Refining, and Alloying of Nonferrous Metal (Except Copper)
333111 Farm Machinery and Equipment Manufacturing
333112 Lawn and Garden Tractor and Home Lawn and Garden Equipment Manufacturing
333611 Turbine and Turbine Generator Set Units Manufacturing
333612 Speed Changer, Industrial High-Speed Drive, and Gear Manufacturing
333613 Mechanical Power Transmission Equipment Manufacturing
333618 Other Engine Equipment Manufacturing
334510 Electromedical and Electrotherapeutic Apparatus Manufacturing
334511 Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System
334512 Automatic Environmental Control Manufacturing for Residential, Commercial
334513 Instruments and Related Products Manufacturing for Measuring, Displaying
334514 Totalizing Fluid Meter and Counting Device Manufacturing
334515 Instrument Manufacturing for Measuring and Testing Electricity and Electrical
334516 Analytical Laboratory Instrument Manufacturing
334517 Irradiation Apparatus Manufacturing
334519 Other Measuring and Controlling Device Manufacturing
337121 Upholstered Household Furniture Manufacturing
337122 Nonupholstered Wood Household Furniture Manufacturing
337124 Metal Household Furniture Manufacturing
337125 Household Furniture (Except Wood and Metal) Manufacturing
337127 Institutional Furniture Manufacturing

Takeaways

The new NEP reshuffles the targeted manufacturing industries, but for many employers accustomed to amputation inspections from OSHA in the past, they can expect more of the same. Even employers in NAICS code industries no longer included in the new NEP may want to keep in mind that businesses can have more than one NAICS code any may still be covered by the new NEP. Ready-mix concrete manufacturers, for example, may be off the new NEP, but if they have any concrete brick, block, or pipe manufacturing operations, they are back on the NEP under a different industry code. Ultimately, the NEP gives area offices considerable discretion in how much effort to devote to enforcement.