The Occupational Safety and Health Administration (OSHA) of the Department of Labor has developed this elaws Advisor to address the federal requirement to report and record work-related injuries and illnesses. The OSHA Recordkeeping Advisor is intended to help determine:

• Whether an injury or illness (or related event) is work-related
• Whether an event or exposure at home or on travel is work-related
• Whether an exception applies to the injury or illness
• Whether a work-related injury or illness needs to be recorded
• Which provisions of the regulations apply when recording a work-related case

The OSHA Recordkeeping Advisor presents questions and relies on responses to determine the appropriate course of action. The Advisor does not store any information. If the Advisor does not address the circumstances of a particular case, please contact OSHA or obtain expert advice.

Recently I was working on updating our respiratory program, and training that both the employee and supervisor could easily understand and still meet OSHA 1910.134. How fortunate that on February 12, 2011 the DOL came out with a new training video.

The 33-minute video explains the major components of a respiratory protection program including fit-testing, medical evaluations, training, and maintenance. The video also discusses the difference between respirators and surgical masks, and features a segment on common respiratory hazards found in healthcare settings, including airborne infectious agents that cause diseases such as tuberculosis, pandemic influenza, severe acute respiratory syndrome (SARS), chicken pox, and measles.

Demonstrations also show how respirator use helps protect workers from exposure to airborne chemical hazards such as formaldehyde and glutaraldehyde, which are used commonly in hospital laboratories to preserve tissue samples for medical analysis. These toxic substances can cause eye and nasal irritation, headaches, asthma, and other symptoms. Additionally, formaldehyde is a carcinogen and has been linked to nasal and lung cancer, with possible links to brain cancer and leukemia.

“Employers can’t rely on respirators providing the expected protection if they don’t train their workers on how to use them properly,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “This video is an important training tool that teaches proper respirator use and discusses employers’ responsibilities under OSHA’s respiratory protection standard.”

Intended for both employers and employees, the 33-minute video covers the main components of a respiratory protection program, the difference between respirators and surgical masks, and common respiratory hazards in health care settings – including airborne infectious agents that cause diseases such as tuberculosis, according to an OSHA press release.

BLS occupational injury and illness numbers come from the BLS annual Survey of Occupational Injuries and Illnesses. The survey captures data from Occupational Safety and Health Administration (OSHA) logs of workplace injuries and illnesses maintained by employers. While BLS occupational injury and illness data have been the subject of scrutiny from time to time, a study released in early 2006 is the first specific research documenting missing cases in individual firms, as determined by comparisons between BLS and state workers’ compensation data. BLS provided the researchers with access to occupational injury and illness data and facilitated the research activities, which were funded by the National Institute for Occupational Safety and Health. BLS is taking a number of steps to learn more about these research results, and to address any deficiencies in its survey operations.

Another researcher is currently conducting a similar study using BLS and workers’ compensation data from several States. The BLS also is interested in the details of these comparisons, such as by type of injury or demographic characteristics of the injured worker. This type of information will help to focus BLS efforts to improve survey operations. In addition, BLS is developing its own “follow-back” study to ensure the survey correctly captures the data that employers have recorded on their OSHA logs. Further research is being planned as well. BLS will update this response as more information becomes available.

Among the issues that have been raised in the past is the coverage of the BLS occupational injury and illness data. The BLS survey measures nonfatal injuries and illnesses only and excludes the self-employed; farms with fewer than 11 employees; private households; Federal government agencies; and (through 2007) national estimates for employees in State and local government agencies. National estimates for employees in State and local government became available for the first time beginning with 2008 data. Data for railroads and certain mining industries are not from the BLS survey, but are supplied to BLS from the Federal Railroad Administration and the Mine Safety and Health Administration. Data on fatal occupational injuries are collected by a separate BLS program.

WASHINGTON - A proposed rule to align the Occupational Safety and Health Administration’s Hazard Communication Standard (HCS) with provisions of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS) will be published in the September 30 Federal Register.

The current HCS requires chemical manufacturers and importers to evaluate the hazards of the chemicals they produce or import and provide information to subsequent users. The current standard requires all employers to have a hazard communication program for workers exposed to hazardous chemicals. The program includes materials such as container labels, safety data sheets, and employee training.  A number of countries, including the United States, international organizations and stakeholders participated in developing the GHS to address inconsistencies in hazard classification and communications. The GHS was developed to provide a single, harmonized system to classify chemicals, labels and safety data sheets with the primary benefit of increasing the quality and consistency of information provided to workers, employers and chemical users. Under the GHS, labels would include signal words, pictograms, and hazard and precautionary statements. Additionally, information on safety data sheets would be presented in a designated order.

The proposal to align the hazard communication standard with the GHS will improve the consistency and effectiveness of hazard communications and reduce chemical-related injuries, illnesses and fatalities,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “Following the GHS approach will increase workplace safety, facilitate international trade in chemicals, and generate cost savings from production efficiencies for firms that manufacture and use hazardous chemicals.”

Under the Occupational Safety and Health Act of 1970, OSHA’s role is to promote safe and healthful working conditions for America’s men and women by setting and enforcing standards and providing training, outreach, and education. For more information, visit www.osha.gov.

OSHA Steps Up Enforcement of Worker Training Requirements

OSHA will step up enforcement of worker training requirements, especially for non-English speaking workers, according to a recent announcement from Secretary of Labor Hilda Solis. She announced a number of major new OSHA enforcement initiatives during her April 14 speech at the National Action Summit for Latino Worker Health and Safety. OSHA currently requires that training provisions under OSHA standards be provided in a language or a form workers can understand. OSHA has already developed a training language policy. OSHA further requires that its compliance officers check and verify that workers have received the training required by OSHA standards. The Agency will expand upon this and effective on April 28—Workers Memorial Day—Secretary Solis explained, “OSHA will also assure that its Compliance Officers check and verify not only that the training has been provided, but that it was provided in a format that the workers being trained can understand.”

Trainers need to find ways to hurdle language barriers. While English is a second language for an increasing percentage of the workforce, employers are still obligated to make sure Hispanic worker training and other immigrant worker training is understood by employees. It’s not enough to make a presentation if you know that members of your audience may not be able to comprehend or use the information effectively. The Occupational Safety and Health Administration (OSHA), Department of Labor (DOL), and other government agencies are keenly aware of this.

Following are some commonsense tips for Spanish worker training:

• Establish companywide safety policies for bilingual training supported by top management.
• Hire supervisors who are bilingual.
• Provide signage (safety guidelines, emergency evacuation, warnings) in Spanish and include diagrams or symbols.
• Pair new employees with bilingual veteran employees who comply with safety and health guidelines.
• Conduct periodic jobsite visits and work with employees in the field.
• Follow up formal training with demonstrations, then have employees demonstrate to one another.
• Conduct safety meetings and toolbox talks to reinforce formal training

OSHA’s Training Language Policy

According to OSHA’s training standards policy statement, if an employee does not speak or comprehend English, instruction must be provided by the employer in a language the employee can understand. Similarly, if the employee’s vocabulary is limited, the training must account for that limitation. According to OSHA, an employer’s responsibility to provide employees with safety information and training doesn’t go away because an employee can’t understand standard English-language training programs. When that is the case, employers must inform and train these workers in a language they can understand.

The policy directs OSHA compliance inspectors to determine whether workplace instructions regarding job duties are given in a language other than English. If so, they will also need to provide safety and health training to employees in the same manner. If a reasonable person would conclude that the employer had not conveyed the training to its employees in a manner they were capable of understanding, the violation may be cited by the inspector as serious.