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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.