OSHA


Emergency Vehicle.pngI recently became aware of a journal (Fire Engineering) that has a variety of articles about fire, hazmat and safety. One the articles that came to my attention was by Steven M. De Lisi.   Mr. De Lisi retired after a fire service career spanning 27 years that included serving as a regional training manager for the Virginia Department of Fire Programs (VDFP) and most recently as the deputy chief for the Virginia Air Guard Fire Rescue.

His article, Hazmat Survival Tips: 10 Common Errors Committed During Incidents  addresses issues First Responders have dealing with a hazardous incident.  Today many companies have HazWoper trained personnel, many who might also find some interesting information within this article.  Hazardous incidents are becoming more common as more and more hazardous materials are being transported throughout the United States.  Companies need to make sure they are in compliance with both the US DOT (49 CFR parts 100-185) and OSHA (29CFR part 120).

 

The U.S. House of Representatives issued a special report in June of 2008 on the status of recordkeeping and how it has been underreported, “But extensive evidence from academic studies, media reports and worker testimony shows that work-related injuries and illnesses in the United States are chronically and even grossly underreported. As much as 69 percent of injuries and illnesses may never make it into the Survey of Occupational Injuries and Illnesses (SOII), the nation’s annual workplace safety and health “report card” generated by the Bureau of Labor Statistics (BLS).”

While the report does reach some interesting conclusions, it is not something really new to many safety professionals.  In a previous article I reported how a company failed to report an injured employee to keep the incident off the books.  Now we know it happens a lot more than we thought.  We don’t want to think it happens, but incidents cost money and production time.  The fewer incidents that are reported keep certain cost, such as worker’s comp prices and healthcare, from rising.  Also, many safety professionals job are dependent on showing a decline in the number of incidents reported.  Therefore a borderline call may never make it to the OSHA 300 form.  At least now we know that the incident rate reported by the BLS is not totally accurate.  The question is, will this really change anything? 

Let’s hear from you.  We value all your comments and concerns relating to this and any other issues.

Sources have been telling me that both OSHA & DOT’S PHMSA (Pipeline and Hazardous Materials Safety Administration) are actively conducting on-site inspections for violations.  OSHA has released it Site Specific Targeting Plan, while PHMSA is

The U.S. Department of Labor’s Occupational Safety and Health Administration in May announced that it would focus on roughly 3,800 high-hazard work sites for unannounced comprehensive safety inspections in 2008. The visits will be part of OSHA’s 2008 site-specific targeting plan, according to a news release. OSHA has used such plans for more than a decade, honing in on different work sites based on injury and illness data.

“This program emphasizes to employers the importance of our enforcement efforts in ensuring safe working conditions for employees,” said Edwin G. Foulke Jr., assistant secretary of labor for OSHA, in a news release.  The work sites that will be included in this year’s targeting plan are those that have reported 11 or more injuries or illnesses resulting in days away from work, restricted work activity, or job transfers for every 100 full-time employees.

OSHA also will randomly select and inspect about 175 workplaces with 100 or more employees that reported low injury and illness rates for the purpose of reviewing how well they actually comply with OSHA requirements, the release said.  

PHMSA has been very active in enforcement of hazmat (49CFR parts 100-185) regulations concerning the shipment of hazardous materials in commerce.  DOT’s current maximum civil penalty is $50,000 per violation.  Considering a shipment may have multiple vioaltions this amount can increase rapidly.  The number 1 fined incident is lack of current training.

So you better be good and you better be nice or OSHA/PHMSA might fine you twice.

Part of my job is researching and reading articles written about safety and compliance.  I have many different sources (none that I want to testify about) for OSHA, DOT, Homeland Security and more.  One of the reoccurring themes everyone (except me) likes to report on, is who is getting fined and how much it is costing them.  Many of OSHA fines are well over the $100,000 mark, and DOT is similar, if not more.  There doesn’t seem to be a lack of companies or organizations to fine.  Whether it is a Disney, a GE or some small construction company, incidents are still happening and the companies are still paying the price. 

Recently, I read where a construction company got fined over $250,000 for 2 employees getting injured (no deaths).  The company had previously been fined over $100,000 and warned by OSHA.  People have told me that the DOT is now going after companies who ship hazardous materials improperly, fail to provide training, failure to have a security plan and other assorted compliance issues.  These fines are reaching well over $100,000.  Remember the fine is not the only cost of incident.  The general rule is an average incident today cost the company about $25,000.  That company will have to sell an additional $700,000 at 4% gross profit to make up that cost.  That is a lot of additional sales for most companies and that is only if you have 1 incident.  Also there is the loss of productivity, and the probable increase in worker’s comp to add to that total.

So what’s the problem?  Most companies are reactive and not proactive.  Look at how many organizations reach VPP or STAR status as a percent of all the companies in business.  Not too many.  As the economy worsens positions that are non-revenue producing are the first to go, such as training or the safety manager.    Even though we know the safety and trainer indirectly add benefit to the bottom line, it is hard to quantify the amount of money they save a company.

Time is money especially in the trucking industry.  I know there are truck drivers who remove their DOT placards after they leave a company to avoid having the state police stopping them for 30-60 minutes.  What is the safety or transportation manager to do?

Really, I don’t have the answer.  Maybe some of you would like to share your success with our readers.  I only know the problem is not going away nor does it seem to be slowing down much.  Each year the top fined areas of OSHA hardly change.  Statistics show injuries and deaths are going down, but I not so sure that is a good indicator of what’s really happening. The reporting system (if the injuries are even reported) has changed to reflect fewer incidents (no first-aid is reported even if the employee sits out half the day).  As an example, I was doing some DOT consulting at a company and an employee was cut and bleeding.  The employee was put in an office until after work hours and then taken to the doctor.  After a few stitches the employee can to work the next day and was told to sit around doing nothing.  He did not miss a day of work and the incident was not reported on the OSHA 300 log.

Maybe we should look more closely are the amount of dollars fined instead of the number of reported incidents to get a true indicator that we are really in compliance and acting in a safe mode.  Safety professionals are always working to get upper management to support the safety effort, and others say we need the support of the supervisors.  Guess what people?  SAFETY NEEDS EVERYONE’S SUPPORT or there will be a breakdown somewhere.  Just like the production line.  Everyone needs to do the job to make the system work.

 

 Sports Injury.png

We most often think of employee safety with regards to manufacturing, construction or other miscellaneous industries with related safety incidents.  But how often do we consider the professional athlete as an employee or the fan in a safety situation? 

Dave from TechLife recently sent me an article by Scott Miller of CBS Sports about the number of breaking wood bats in baseball.  This number is increasing each year, and it is becoming a safety issue for the players (employees) and the fans.  Sports are becoming much more harmful to the employee.  About a year ago a minor league coach (an employee) was hit in the head by a foul ball and died.  The NAICS for sports is 71100 and the recordable rate is 5.8 that is comparable to construction and manufacturing.  We know there is an alarming increase in the number of injuries is sports such as football and hockey, but should athletics and OSHA be concerned about the incident rate in the industry as a whole?

Fans are also “in harms way” when a hard line drive or a bat flies into the stands or a herd of 30,000 people all want to leave a game at one time.  Someone(s) often gets injured.  These injuries will not appear on an OSHA 300 log even though the injury occurred on-site, because the fan is not considered an employee.  What happens when a vistor to your company gets injured, do you record it if it qualifies and a recordable?

Sports today are a dangerous profession.  The employees receive much more medical attention than employees in other professions.  Most athletic teams provide a medical staff both on and off site.  How many of you have a doctor, nurse or trainer on-site?

So when you think of employee safety and health don’t forget to consider the professional and non-professional athletic as an employee too.

Forklift Safety or Not

Many of us have seen pictures like this regarding how NOT to use a forklift.   Today forklift or Powdered Industrial Trucks (OSHA 1910.178) is number 6 on the most fined violations of OSHA’s Top Ten list.

About a year ago I posted the Forklift Quiz and answers.  The OSHA training requirements incorporate safe operation, training program implementation, training program content, refresher training and evaluation, avoidance of duplicate training, and certification.  Trainees must be initially trained in the following truck-related and workplace-related topics:

TRUCK-RELATED

  • Operating instructions, warnings and precautions for type of truck
  • Similarities and differences to automobiles
  • Control and instrumentation location and use
  • Engine or motor operation
  • Steering and maneuvering
  • Visibility
  • Fork and attachment limitations and use
  • Vehicle capacity
  • Vehicle stability
  • Vehicle inspection and maintenance refueling or charging batteries
  • Operating limitations
  • Other operating instructions, warnings or precautions listed in the operator’s manual

WORKPLACE-RELATED

  • Surface conditions where truck is used
  • Load composition and stability
  • Load stacking, unstacking and transport
  • Pedestrian traffic
  • Narrow aisle and restricted area operation
  • Operation in hazardous locations
  • Ramp and sloped surface operation
  • Unique or potentially hazardous conditions
  • Operating the vehicle in closed environments

Because powered industrial trucks are manufactured by different companies with various models available, the training must be specific to the operating characteristics of the specific powered industrial truck the employee will be using.

I was recently shopping at my local garden center and was watching the forklift operator move skids of soil and mulch.  The driver was not wearing a seatbelt, and had little regard for the shoppers or other employees his was operating the forklift near.  Twice he almost hit another employee with a skid load of soil.  Either the training was not complete or the safety person needed to become more aware of this conduct.  Either way it was an incident waiting to happen.

Smart Monitor Plugs and Connectors.pngThe Compliance Resource Center usually does not talk about products, however the Smart Monitor Series by Ericson can help the construction industry to help meet OSHA’s construction site gound fault protection.

Ericson Manufacturing announces the release of our newest “smart” series of electrical plugs and connectors. The Smart Monitor Series utilize a new “thinking” module which detects many common electrical problems including loss of earth ground which effects lack of compliance to OSHA’s Worksite Assured Grounding Program. The dual color RED & BLUE LEDS indicate correct or incorrect electrical conditions on the cordset. Smart Monitor Plugs & Connectors constantly monitors these conditions:

No Ground
Loss of Ground In Cord
Hot/Neutral Swap
Reverse Polarity
Hot on Ground
Open Neutral.
RED LEDs indicate an electrical problem (and lack of compliance to OSHA’s Worksite Safety Program), where as a bright BLUE indication shows the cord or supply is “Good-to-Go”.

A typical day in the life of the EH&S manager might go something like this:


Get in the office at 7 AM and go over all the previous days reports about any incident(s) that occurred.  Next you get that cup of coffee to spill over all those reports.  Now you check out the 50 or so E-mails of which at least 30 require a response.  Now it is time to walk the facility and do a short audit to make sure the people are wearing their PPE.  Go back and check more e-mails, and go over the budget for this month.  It’s 9AM and time for your first managers meeting of the day.  You report on 1 incident and what is happening to the employee.  Now back to the office to write your agenda for the weekly safety meeting and go over the OSHA 300 log.  After a short break you need to go over training records to see who needs what training and when can you get it done. Time to start designing a hazardous materials training class for new employeesas some of your MSDS sheets have changed.  Lunch, and then back to designing the training class you use to outsource, but not in this year’s budget.   Call coming in from the floor about a machine-guarding problem (no one hurt).  Have to go on the floor with maintenance to check the machine (lockout/tagout), they need it running for the production line.  Another call on the Nextel that employee requires minor first aid.  Go back to the office to call supervisors to schedule training, but hey are NOT happy to have to take people away from production.  Your boss calls and wants a report about safety to give to his/her boss.  Day almost over, you go back and check on machine to make sure it is properly guarded and find some flammable hazardous materials left out unattended.  Talk with supervisors about this and how to put them away correctly. 5:30PM, time to leave the building, but have to keep Nextel on just in case.  Oh no, I forgot to get the safety meeting agenda put together, well tomorrow is another day.

Here is who I was today:

  • A manager
  • An IT person
  • Asafety person
  • Administrative assistant
  • A finance person
  • An instructional designer
  • A maintenance person
  • A medic
  • An arbitrator
  • An employee
  • Oh Ya! a family person too!!!


So what do you think, sound something like your day?  How many other jobs do you do that I left out?  Send a comment and we will compile a complete (as possible) of all the jobs a safety manager has to do.  Let’s hear from you.
    

 

Confined SpaceOSHA has announced that it will hold an informal public hearing to receive testimony and documentary evidence on the proposed rule for Confined Spaces in Construction. The hearing is scheduled for 10 a.m. on July 22, 2008, at the Department of Labor’s Frances Perkins Building in Washington, D.C. If a second or third day is necessary, the hearing will begin at 9 a.m. on those days.

“The proposed rule is intended to address construction-specific issues as they relate to confined spaces and establish comprehensive procedures to protect employees,” said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. “This hearing will allow interested parties the opportunity to provide input on the proposed rule.”

OSHA published the proposed Confined Spaces in Construction Standard on November 28, 2007, (72 FR 67351) and the public was given until February 28, 2008, to submit comments. Those who intend to present testimony at the hearing must notify OSHA in writing of their intention to do so no later than May 21, 2008. Parties who request more than 10 minutes for their presentations at the hearing and those who will present documentary evidence must provide the agency with copies of their full testimony and all documentary evidence no later than June 20, 2008.

When was the last time you took a safety class?  There are a lot of different sources available, with both for-profit companies and the not-for-profit organizations.  Three not-for-profit associations, ASSE (American Society of Safety Engineers),  NSC (National Safety Council) and the Construction Safety Council offer a variety of classes.  But the two sources I want to describe are the OTI (OSHA Training Institute) and the National Safety Education Center.

OTI is OSHA’s own training center in Arlington Heights, IL.  The OTI provides training and education in occupational safety and health for federal and state compliance officers, state consultants, other federal agency personnel, and the private sector.

The OSHA Training Institute (OTI) Education Center program was initiated as an extension of the OSHA Training Institute, which is the primary training provider of the Occupational Safety and Health Administration. OTI targets Federal and State compliance officers and State consultation program staff, but also provides training for private sector personnel and Federal personnel from agencies other than OSHA on a space available basis. However, during the 1980s, the number of requests for training from private sector personnel and Federal personnel from agencies other than OSHA increased substantially and the demand eventually exceeded the capacity of the OSHA Training Institute. To date there are 18 training centers with at least one in each OSHA region. 

As an example, the National Safety Education Center in Region V, is a consortium comprised of: Northern Illinois University, DeKalb, IL, Construction Safety Council, Hillside, IL and the National Safety Council, Itasca, IL.  The National Safety Education Center is authorized by Occupational Safety and Health Administration (OSHA) to deliver approved OSHA training courses. Upon completion of any program, your achievement is recognized through:

  • Department of Labor Course Completion Certificates
  • Outreach Trainer Cards for OSHA Courses 500, 501, 502 and 503
  • Availability of Continuing Education Units (CEUs)
  • Availability of American Board of Industrial Hygiene (ABIH) Safety and Industrial Health
  • Continuing Maintenance (CM) points.

Pick a class and increase your safety knowledge.

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