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.

You know The Compliance Resource Center does not often write about products, but there are times when something comes along which our readers might find interesting and/or useful.  Here is one of those products. 

If you ship hazardous materials you might want to consider the new software program by EZHAZMAT.  This new software walks you through the process of correctly shipping hazardous materials in compliance with 49CFR part 100-185.  The program identifies the correct shipping name, gives the shipper the correct markings on the package, creates a bill of lading and more. 

However, this is NOT a substitute for the training requirement in 49CFR part 172.700 or the security plan part (HM-232).  Training is still required every 3 years for ground shipping and every 2 years for air and ocean shipping.  Also all new employees involved with the loading or unloading of hazardous materials must be trained within 30 days.  

There are other software programs that will help you ship hazardous materials such as UPS’s WorldShip, and others. If you go to the EZHAZMAT site you might also want to take the hazmat quiz and test your knowledge.

Driver compensation is usually measured in terms of an hourly wage or a rate based on travelled distances, but an array of additional incentives can play an important role in helping your fleet retain workers, lower fuel bills, and reduce accident claims.

In a recent study, for example, the US Federal Motor Carrier Safety Administration (FMCSA) concluded that safety incentives helped studied fleets reduce insurance claims, workers’ compensation claims and crashes by 65%.

“Incentive programs that offer progressively increasing safety bonuses for longer periods of crash-free operation would give drivers a material reason for staying with their employers rather than moving to another place of work, where they would have to start again to accumulate safety credits,” the administration added.

Traditionally, fleets pay safety bonuses equivalent to a cent per mile, but some will pay more than two or three cents, says Ray Barton, co-author of Incentive Programs for Enhancing Truck Safety and Productivity, a Canadian study into the issue.

“The companies that felt the strongest about their safety programs, they had both the financial incentives as well as the recognition incentives,” he adds. “The younger drivers prefer the idea of the money. People in the business a little longer, they liked the idea of the recognition.”

Barton points to his own wall of honours as proof, and a proudly displayed coffee cup that was offered for giving a presentation. “It doesn’t have to be a very expensive prize that goes with it. Just something that people can put up on their wall at home and the family can look at and be proud of,” he says.

In comparison, a financial incentive disappears once it’s spent. Financial rewards that are included in such a program should also be paid quarterly, the consultant says, noting that a driver can quickly become discouraged if a January accident shuts him out of a safety initiative for the rest of the year. “This way, if you do get into an accident, you get right back in the program quickly.”

Bonus cheques should also be kept separate from traditional pay, he adds. “Then drivers [become] more aware of it.”

Consider issuing incentives just before Christmas, or the beginning of the school year, when extra cash will be particularly appreciated.

The same approach can be effective when looking to achieve other measurable targets, such as improved fuel economy.

“If you put a fuel economy incentive in place, and you pay half the savings to the drivers, then you’re money ahead and the driver’s money ahead,” he suggests.

A fixed schedule of incentives can also play a role in reducing driver turnover.

“One of the firms, they paid their new drivers two cents a mile less than drivers who had been around a while. They had a huge turnover in the first six months,” Barton says, referring to research in his study. But it then added a safety incentive that accumulated for six months before it was paid out, and the turnover rate dropped to 20% from a traditional level of 70%.

Another company combined an array of incentives, including driver appreciation days, along with training that showed managers how to treat drivers with respect. That fleet’s annual turnover dropped to 30% from 100%.

“If you improve driver retention, you’ll reduce your accident costs,” Barton adds. “I’m not talking the spectacular, fiery crash.” But a driver more aware of a route will be less likely to dent fenders, snap mirrors or jump curbs.

Fleets, meanwhile, will enjoy another benefit. “In order to pay out the incentives, you have to keep good records, and that’s one of the great bonuses of an incentive program,” Barton says.

Of course, a program’s launch will be smoothest if you’ve already established a “baseline” of statistics from which to measure results, but that isn’t always possible.

“It’s great if you can have the before stuff,” he says, “but if you think you have a problem, you’re not going to sit around three years and measure data.”

A copy of Incentive Programs for Enhancing Truck Safety and Productivity can be downloaded from http://www.safety-council.org/news/sc/1999/incentive.htm.

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.

There have been a lot of inquiries into how to ship hazardous material and questioning whether you can ship it at all with today’s transportation laws. The United States Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Adminsitration heavily regulates the transportation of materials in the United States. Previously, we wrote about shipping hazardous by air with FedEx and/or UPS.

The specific regulations define hazardous materials and specify how to conduct practically every aspect of hazardous material shipping. The shipping of hazardous materials can pose a serious danger to anyone who might come in contact with the shipment. The inappropriate shipping of hazardous materials is a serious problem that can result in injury, loss of life, major fines, jail time, and damage to property. Therefore, it is critical that one carefully follow the rules so that any possible unsafe condition is minimized.

The D.O.T. can and does impose severe penalties for anyone who knowingly or unknowingly violates these regulations. Packages that contain hazardous materials need to be properly labeled for shipping and the label designates the type of hazard the material presents. Hazardous material items that are commonly shipped incorrectly are aerosol cans, cosmetics, perfumes, nail polish, lipsticks, alcohol, products containing alcohol such as cleaning products and even alcoholic beverages are considered dangerous. The following are the officially designated hazard categories:

o 1.1 - EXPLOSIVES 1.1
o 1.2 - EXPLOSIVES 1.2
o 1.3 - EXPLOSIVES 1.3
o 1.4 - EXPLOSIVES 1.4
o 1.5 - EXPLOSIVES 1.5
o 1.6 - EXPLOSIVES 1.6
o 2.1 - FLAMMABLE GAS
o 2.2 - NONFLAMMABLE GAS
o 2.3 - POISON GAS
o 3 - FLAMMABLE LIQUID
o 4.1 - FLAMMABLE SOLID
o 4.2 - SPONTANEOUSLY COMBUSTIBLE
o 4.3 - DANGEROUS WHEN WET
o 5.1 - OXIDIZER
o 5.2 - ORGANIC PEROXIDE
o 6.1 - POISON INHALATION HAZARD (zone A or B)
o 6.1 - POISON (other than inhalation hazard)
o 6.2 - INFECTIOUS SUBSTANCE
o 7 - RADIOACTIVE WHITE-I
o 7 - RADIOACTIVE YELLOW-II
o 7 - RADIOACTIVE YELLOW-III
o 7 - EMPTY (empty packages of radioactives)
o 8 - CORROSIVE
o 9 - CLASS 9

D.O.T. shipping labels are available for all of these categories. These shipping labels are 4″x 4″ and come on rolls of 500, have semi gloss face stock, permanent adhesive, and come on a 1″ inch core. They also have the ability to custom make these labels to have a special blank white region to write your own personal messages or instruction on. This region does not come on the stock labels. It has to be requested and it can be requested blank or with a message preprinted.

If your application calls for a little more durable label, there are several material solutions for you. They can offer several different films such as polyester, Kimdura, and polypropylene. These materials will withstand water, chemicals, UV rays, and other environmental factors that paper will not.

These special materials are not stock and would have to be custom made by most manufacturers. They would also have a 7-10 business day lead time. FedEx and UPS both offer shipping methods for hazardous material. They also offer guides that explain their rules and regulations for shipping these products.

Shipping hazardous material can be quick and easy as long as the appropriate steps are taken. Knowing how to ship hazardous material the correct way is important. Please pass this information to those that are interested in this topic.

The Compliance Resource Center offers on-site, function specific training for the shipping of hazardous materials (Hazmat 49 CFR, part 100-185) by ground, air and ocean.  The CR Center can also assist with hazardous materials audits, security plans, hazardous spill training and more. Contact us at info@thecrcenter.com or 847-298-3063.

Winter is officially over and our second season is starting.  No, not spring, CONSTRUCTION!  It is another season of road construction here in the Chicago area and throughout the US.  Traffic tie-ups, slow downs and the infamous flagger person telling you to “Slow down or STOP (for about 10 - 20 minutes).

I have been a flagger instructor for about 3 years.  I have also taught the flagger instructor class, but driving around the city, I must be the worst trainer ever.  I see people:

• Using the emergency vehicle flag to direct traffic
• Standing in the middle of the street with a Slow/Stop sign directing two-way traffic
• Road construction people using their hands
• Road construction people without safety vests
• Construction people walking out into traffic to stop oncoming traffic to let a vehicle into or out of the construction site
• Many other dumb things

Road construction injuries are up every year.  When I teach the flagger class I always like to start with the students telling about the scary incidents that have happended to them, and there are many.  Yet as I drive out on the road, I seldom see a flagger doing it right.  If they use the Stop/Slow sign they do not use hand signals, or they don’t use the sign correctly.   Having less road construction injuries means we have to be better drivers in these areas, but also the contruction people have to be better safety people.

I recently got a call from a small company whose UPS shipment was not acceptable because the company was not aware the shipment contained a hazardous material, and no one at the company had the correct hazmat training.   How could they get their products to their customers?  Everyone had to scramble to get them in compliance.  This is not an uncommon occurrence for companies and organizations.

Shipping hazardous materials by UPS and/or FEDEX must be done in accordance to US DOT federal regulations (49CFR part 100-185), ICAO (air), or IMDG (ocean).  Both UPS and FedEx will decline shipments if the business cannot show the carriers that their employees have been trained and follow all compliance concerns of US DOT & ICAO. 

First let me dispel a BIG misunderstanding.  IATA is NOT a regulatory agency.  IATA is the International Air Transportation ASSOCIATION.  They wrote a very good reference book with regards to air shipping, but are not a regulatory agency.  ICAO (International Civil Aviation Organization) and the US DOT (49 CFR part 175) are the regulatory agencies for shipping hazardous materials by AIR.

If you are not sure if the material you are shipping is hazardous first look at an MSDS sheet, 2nd check out 49CFR part 172.101.  This is the DOT’s hazardous material table.  If your material is listed here then you MUST follow DOT compliance.  The table will also tell you if the material(s) can be transported by air.

It you have a question, use the comment box below and The Compliance Resource Center will answer you question.

The 2008 Emergency Response Guidebook is the first release of the ERG since 2004, containing new information for first responders in the event of an incident involving hazardous materials. The Guidebook provides a consistent and standardized approach for handling hazardous materials emergencies. Labelmaster, a manufacturer of regulatory compliance products, will print the updated 2008 Emergency Response Guidebook (ERG).

New in 2008:

• Over fifty amendments to proper shipping names and ID numbers (United Nations numbers)
• Lists of hazardous materials will be updated
• Lithium Ion batteries entry will be added
• Ethanol entries and identification numbers will be added
• The “Initial Isolation and Protective Action Distance Table” will be split into two tables to better facilitate initial incident response actions for emergencies involving TIH (Toxic Inhalation Hazards)

The Emergency Response Guidebook is the foundation of many emergency response plans and incident management systems. It provides a consistent and standardized approach for first responders in the event of an incident involving hazardous materials. It is intended to assist responders in managing the first fifteen to thirty minutes of an emergency response, often the most critical moments. It provides crucial information concerning scene management and response procedures that can save lives and enhance public and environmental safety.

Since its introduction in 1976, the ERG has been and will continue to be the “go-to” reference for first responders faced with the possibility of a hazardous materials incident. This guidebook is published in a user-friendly format and is divided into five sections which are color coded to maximize efficiency and ease of use. The goal of the US Department of Transportation is for all public emergency responders to carry a copy of the ERG.

The ERG is developed jointly by the US Department of Transportation, Transport Canada, the Secretariat of Communications and Transportation of Mexico (SCT), and with the collaboration of CIQUIME (Centro de Informacion Quimica para Emergencias) of Argentina. The 2008 ERG represents the first publication since the Department of Transportation’s Pipeline and Hazardous Materials programs were merged, so there will be new information introduced regarding pipeline markers.

Effective January 1, 2008, the Department of Transportation (DOT) through the Pipeline and Hazardous Materials Safety Administration (PHMSA) will no longer allow loose lithium batteries in checked baggage. These batteries may continue to be packed in carry-on baggage.
Under the new DOT rule, lithium batteries are allowed in checked baggage under one of the following conditions:
* The batteries must be in their original containers.

* The battery terminals must not exposed (for example placing tape over the ends of the batteries).

* The batteries are installed in a device.

* The batteries are enclosed by themselves in a plastic bag.
Loose lithium batteries found in checked baggage may be removed.
You can learn more at http://Safetravel.dot.gov
Some Tips for Safe Travel With Batteries
* Keep batteries and equipment with you, or in carry-on baggage - not in your checked baggage! In the cabin, flight crew can better monitor conditions, and have access to the batteries or device if a fire does occur.

* Buy batteries from reputable sources and only use batteries approved for your device – avoid counterfeits! A counterfeit battery is more likely to cause a fire in your equipment – costing you more in the long run, and compromising safety.

* Look for the mark of an independent testing or standards organization, such as Underwriters Laboratories (UL) or International Electrotechnical Commission (IEC).

* Do not carry recalled or damaged batteries on aircraft. Check battery recall information at the manufacturer’s website, or at the Consumer Product Safety Commission.

* Only charge batteries which you are sure are rechargeable! Non-rechargeable batteries are not designed for recharging, and become hazardous if placed in a battery charger. A non-rechargeable battery placed in a charger may overheat or cause damage later.

* Only use a charger compatible with your rechargeable battery – don’t mix and match!

* If original packaging is not available for spare batteries, effectively insulate battery terminals by isolating the batteries from contact with other batteries and metal. Do not permit a loose battery to come in contact with metal objects, such as coins, keys, or jewelry.

* Place each battery in its own protective case, plastic bag, or package, or place tape across the battery’s contacts to isolate terminals. Isolating terminals prevents short-circuiting.

* Take steps to prevent crushing, puncturing, or putting a high degree of pressure on the battery, as this can cause an internal short-circuit, resulting in overheating.

* If you must carry a battery-powered device in any baggage, package it to prevent inadvertent activation. For instance, you should pack a cordless power tool in a protective case, with a trigger lock engaged. If there is an on-off switch or a safety switch, tape it in the “off” position.
Lithium Batteries: Safety and Security
Image of a lithium ion battery.Lithium-ion batteries, often found in laptop computers, differ from primary lithium batteries, which are often used in cameras. Some newer AA-size batteries are also primary lithium.
While there is no explosion hazard associated with either kind of battery, the Federal Aviation Administration has studied fire hazards associated with both primary and lithium-ion cells, and their extensive research is publicly available. As a result of this research, the FAA no longer allows large, palletized shipments of these batteries to be transported as cargo on passenger aircraft.
The research also shows that an explosion will not result from shorting or damaging either lithium-ion or primary lithium batteries. Both are, however, extremely flammable. Primary lithium batteries cannot be extinguished with firefighting agents normally carried on aircraft, whereas lithium-ion batteries are easily extinguished by most common extinguishing agents, including those carried on board commercial aircraft.
TSA has and will continue to work closely with the FAA on potential aviation safety and security issues, and TSA security officers are thoroughly and continually trained to find explosive threats. TSA does not have plans to change security regulations for electronic devices powered by lithium batteries.

Back in Nov of 2006 I published this article.  Driving incidents are the number 1 cause of employee injury today, and with the weather we are currently having, I think it is important to revisit the article again. 

Winter Car Kit

According to the Federal Emergency Management Agency, about 70 percent of winter deaths related to snow and ice occur in automobiles. When driving in such conditions is necessary, the agency recommends traveling in daylight and not traveling alone, keeping others notified of your schedule, and staying on main roads. In addition to winterizing your vehicle mechanically and keeping its gas tank full, FEMA advises carrying the following items in the vehicle’s trunk:

• Shovel
• Windshield scraper
• Battery-powered radio
• Flashlight
• Extra batteries
• Water
• Snack food
• Mittens
• Hat
• Blanket
• Tow chain or rope
• Tire chains
• Bag of road salt and sand
• Fluorescent distress flag
• Booster cables
• Road maps
• Emergency flares
• Cell phone or two-way radio

Source: FEMA