Safe Workplace and Safety News

Monday, May 20, 2013

Safety News Briefs

A regular news feature summarizing workplace safety related news.

We scan newspapers, magazines and the internet for safety news that isn't being reported elsewhere. The following are links to safety-related news and articles that came out during the past week. If you have any safety news tips, send them to: duralabelpro@gmail.com.

Near-Miss Reporting:
A Missing Link in Safety Culture

An article in the ASSE Professional Safety journal looks at the importance of near miss reporting, the reasons why near misses are not reported, and how this vcan be changed. It starts by asking the question:

"Does your organization receive about 50 near-miss reports for every minor injury suffered by workers? If not, several significant barriers within the organization’s culture may be preventing the
organization from learning the lessons available from incidents that did not result in loss—at least not this time."

The article then describes the change that resulted when an effective near miss reporting program is implemented:

"At the start of the near-miss reporting improvement project, the number of near misses reported averaged one or two per month (or about 0.005 per employee). Three months after initiation of the project, that number increased nearly 40 fold (to about 0.2 near-misses reported per employee). This level has continued to climb to a current level of about 230 near-misses per week (or about 0.6 per employee), which is more than 100 times the rate when the program was launched."

Read the article here.

Why Do Employees Make Bad Decisions?

In a blog post attorney Howard Mavity discusses using surveys to better understand the safety culture in their workplace. He points out that employers often are surprised at the results. He gives an example of "93% of construction employees in one survey said that their Company was currently at risk of an injury or death caused by one of five avoidable workplace behaviors....

Get it Done
Un-discussable Incompetence
Just this Once
This is overboard
Are you a team player
And 50% said that they had already seen an injury or death caused by one of the above five issues..."

Read the blog post here.

OSHA Moves Ahead On Workplace Violence

An article in Lexology notes that OSHA is suing an employer for an employee's claims that she was subjected to workplace violence concerns under the anti-retaliation provision of the OSH Act. The article notes that "OSHA has been clear that one of its focuses for the upcoming year will be on workplace violence issues. However, these types of issues have not been defined by OSHA as dealing with what typically are considered to be employment discrimination types of issues."

The article then goes on to say, "All of these allegations appear to be claims of a hostile work environment, but is this really workplace violence and a true safety issue or a complaint that should have been pursued through the EEOC as a violation of Title VII of the Civil Rights Act of 1964?"

Read the article here.

Labels: safety statistics, Safety Training, workplace safety

posted by Steve Hudgik
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Safety News From Around The World - New Zealand Numbers Glitch

The following are summaries of safety news stories, with links to the stories, from locations outside the U.S. If you have news, or know of an important news story, please send it to duralabelpro@gmail.com.

Numbers Glitch Caused Over-Count Of New Zealand's Workplace Fatalities

Double counting of some fatality accidents resulted in the official count of workplace fatalities in New Zealand being too high by 20% to 30% for more than a decade. When there were multiple causes of a fatality, that fatality would be counted multiple times.

Read the story in the New Zealand Herald.

Labels: workplace fatalities

posted by Steve Hudgik
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Last Week's Significant OSHA Citations

The following is a summary of recent OSHA and state OSHA significant citations. These are citations that have proposed fines over $100,000 and that were announced during the past week.

The following are based on a press releases from OSHA and other sources. Reports from states, such as California, Oregon and Wyoming, in which the state has responsibility for workplace safety enforcement are also included.

West Decatur, PA., Company Fined For Trenching Hazards ($178,860)
OSHA cites A.W.T. World Trade for 28 Safety Violations ($119,700)

OSHA has cited Lumadue Excavating LLC for 12 safety violations involving trenching hazards.

OSHA initiated two inspections under a special emphasis program on trenching and excavation when inspectors found unprotected trenches at two different work sites-one was seven feet deep and the other more than five feet deep. Proposed penalties total $178,860.

Two willful violations, with $92,400 in penalties, involve failing to provide a protective system to prevent a trench cave-in. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Five repeat violations, with $73,920 in penalties, involve:

failing to instruct workers in the recognition and avoidance of hazardous conditions
failing to provide a safe means of egress from trenches
failing to ensure excavations are inspected daily by a competent person.

A repeat violation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in 2008 and 2009.

Because of the nature of the hazards and the violations cited, Lumadue has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

Additionally, three serious violations, which carry $12,540 in penalties, were cited for:

the lack of reflective vests for workers exposed to vehicular traffic
excavated material not placed farther than two feet from the edge of the trench

A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Two other-than-serious violations, carrying no penalties, involve the lack of a written hazard communication program and material safety data sheets. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Detailed information on safeguards for excavation and trenching is available at:
http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Lumadue has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Wilkes-Barre, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

OSHA has cited A.W.T. World Trade Inc. for 28 safety and health violations, including multiple violations of OSHA's flammable liquids and spray finishing standards. The complaint inspection was initiated at the Chicago printing machinery manufacturer on Nov. 14, 2012. The proposed penalties total $119,700.

A total of 27 serious safety and health violations were cited, including:

a lack of a written hazard communication program
not providing employees information and training on hazardous chemicals in the workplace
a lack of machine guarding
failure to ensure use of eye protection during welding operations
failing to properly secure and store welding gas cylinders
hazards associated with the use and storage of flammables used in spray finishing operations
the interior surfaces of the spray paint booth being coated with excessive residues of flammable paints

Several other violations involved respirator protection standards, such as:

the lack of a written respiratory protection program
failing to select the proper respirator for the hazards present,
improper storage and fit
lack of medical evaluations for employees required to wear respirators
failing to train workers in the proper use

Violations of electrical standards were also cited, including the use of flexible cords instead of fixed wiring, lack of strain relief and obstructing the space around electrical panels. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Additionally, one other-than-serious health violation was cited for failing to verify that a required personal protective equipment assessment had been performed through a written certification. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

The citations may be viewed at:
http://www.osha.gov/ooc/citations/awt_world_tradeinc_738983_0510_13.pdf.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission

Labels: Construction Safety, hazard communication, OSHA Citations

posted by Steve Hudgik
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Eight Members Appointed To OSHA's Committe on Construction Safety

The appointment of two new members and re-appointment of six current members to the Advisory Committee on Construction Safety and Health (ACCSH) was announced last week. They will serve two-year terms and represent the interests of the public, employers, employees and state government.

The 15-member committee meets at least twice a year. The newly appointed and re-appointed members will join seven other current members serving the remainder of their terms on the committee.Two members represent the public:

Jeremy Bethancourt, co-owner and program director, Arizona Construction Training Alliance, ASSE, NSC, ABA.
Letitia K. Davis, director, Occupational Health Surveillance Program, Massachusetts Department of Public Health, Boston, MA. (re-appointed)

Five members from unions represent employees:

Sarah M. Coyne, executive assistant director, International Union of Painters and Allied Trades/Finishing Trades Institute, Elkridge, MD. (new)
Roger Erickson, mobilization, optimization, stabilization and training administrator, International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, Kansas City, KS. (current)
Walter A. Jones, occupational safety and health associate director, Laborers' Health and Safety Fund of North America, Washington, D.C. (current)
Laurie A. Shadrick, training specialist, United Association of Plumbers and Pipefitters, Annapolis, MD. (re-appointed)
Erich J. (Pete) Stafford, director, safety and health, Building and Construction Trades Department of the AFL-CIO, Silver Spring, MD. (re-appointed)

Five members represent employers:

Kristi K. Barber, president, Glen C. Barber and Associates Inc., Rapid City, S.D. (current)
Kevin R. Cannon, safety and health services director, Associated General Contractors of America, Arlington, VA. (re-appointed)
Thomas Marrero, national safety director, Tradesmen International, Inc., Macedonia, OH (re-appointed)
Donald L. Pratt, president and CEO, Construction Education & Consulting Services of Michigan, Auburn, MI. (current)
Jerry Rivera, national director of safety, National Electrical Contractors Association, Silver Spring, MD. (new)

Two members represent state governments:

Steven D. Hawkins, assistant administrator, Tennessee Occupational Safety and Health Administration, Nashville, TN. (current)
Charles Stribling, occupational safety and health federal-state coordinator, Kentucky Labor Cabinet, Department of Workplace Standards, Frankfort, KY. (re-appointed)

One member was appointed by the secretary of the U.S. Department of Health and Human Services:

Matt Gillen, construction program coordinator and senior scientist, Centers for Disease Control — National Institute for Occupational Safety and Health, Washington, D.C. (current)

ACCSH has advised the assistant secretary of labor for occupational safety and health on construction standards and policy matters for nearly 40 years. The next meeting will be held May 23-24, 2013.

Labels: Construction Safety, osha information

posted by Steve Hudgik
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Monday, May 13, 2013

Safety News Briefs - A Culture Of Myths

Photo by Tagido

Is Your Employee Safety Incentive Program As Obsolete As The 8-track?

If you have an incentive program based on zero accidents or zero recordables, your safety and health incentive programs are no different than the eight-track tape.

All incentive programs start with good intentions. They are implemented to improve an organization’s safety and health programs and build a teamwork mentality. But, these programs can drift sideways very quickly, particularly when bonuses and/or promotions are involved.

Read the article in Knowledge At Work.

House and Senate Looking To Expand The OSHA General Duty Clause

Bills in the House and Senate will expand the OSHA general duty clause to include employees who work for contractors and independent contractors at multi-employer worksites. The OSH Act currently only applies the general duty clause to a company's own employees. Both bills modify the general duty clause to allow for per-employee, or instance-by-instance, citations under the OSHA egregious penalty policy.

Read the story in Western Farm Press.

Photo by Brocken Inaglory

$2.5 Billion In Penalties

Both the state of California and the city of San Bruno are proposing to the California Public Utilities that PG&E stockholders be required to pay by $2,500,000,000 in penalties following a 2010 gas line explosion.

Read the story in the Washington Times

A Culture Of Safety Myths

Myth 1: Safety is our #1 priority
Myth 2: All safety rules are in place for your protection
Myth 3: We can eliminate all injuries n\by mistake-proofing our workplace
Myth 4: All hazards are created equal
Myth 5: Safety can be achieved through a program that encourages people to work more safely
Myth 6: We will fire you for acting unsafely
Myth 7: Comparing ourselves to industry average is useful for gauging our safety performance
Myth 8: Our goal is zero injuries
Myth 9: Some companies don't have a safety culture

Read the article in Fabricating and Metalworking magazine.

OSHA Shifts Funds From Compliance Assistance To Protect Enforcement From Sequester,

OSHA has shifted funds around in their budget to spare the OSHA enforcement program from sequester cuts. OSHA cut $10.9 million from the program that provides employers free consultation services on how workplaces can comply with OSHA rules. That cut, and reductions earlier in the budget process, lowered the compliance budget to $61.4 million, down from the enacted budget of $76.4 million.

Read the story in BNA Bloomberg

Zero Incident Goals Motivate Risk-Taking, Not Excellence

What do you want in safety? What are you trying to accomplish and why? Is the motivation to achieve the goal based on organizational or individual value? What does success and excellence look like, not just indicators and activities, but behaviorally, when you get there?

Definitions and terminology drive beliefs which affect decisions and behaviors at work and away. Is your goal to have zero incidents or successful beliefs and behaviors?

Read the article in ProAct Safety.

MIT Study Concludes Government And Industry Must Work Together To Improve Working Conditions

An article in MIT News reports that the private-compliance approach to improving working conditions has not worked. Richard Locke, the head of MIT's Department of Political Science and deputy dean of the MIT Sloan School of Management, said, "It’s better than nothing, but it wasn’t leading to a significant and sustained improvement in working conditions or enforcement of labor rights in any of the supply chains that we studied."

“ "The private sector can only do so much, and certain issues are issues of citizenship rights, such as the freedom of association, and the freedom to bargain collectively,” Locke says. “You can’t enforce those rights one factory at a time or one supply chain at a time, or even one brand at a time. Those are territorially enforced rights, and only the sovereign states can do that."

Read the complete article here.

Labels: OSHA, Safety Award, safety management, Safety Training

posted by Steve Hudgik
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Last Week's Significant OSHA Citations

AmeriGas Propane (Conroe, Texas) Cited For Safety Hazards ($105,000)

OSHA has cited AmeriGas Propane L.P. with 21 serious violations following a November 2012 fire that required three workers to be hospitalized and four workers to be treated and released. The Conroe plant inspection was expanded to include the national emphasis program on Process Safety Management Covered Chemical Facilities. Proposed penalties total $105,000.

The serious violations cited under the process safety management standard included:

failing to compile process safety information for safety systems, such as emergency shutdowns
failing to ensure equipment complies with recognized and good engineering practices, such as relief systems
failing to address various elements of a process safety hazards analysis, including the use of a methodology appropriate to the complexity of the process, human factors, facility siting and addressing action items or recommendations in a timely manner
failing to inspect and test equipment, including vessels and piping and identify safeguards
failing to perform the lockout/tagout of equipment and processes and provide training for employees in the use of lockout/tagout.

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
OSHA's standards contain specific requirements for the management of hazards associated with processes using dangerous chemicals. Additional information is available online at:

http://www.osha.gov/SLTC/processsafetymanagement/index.html.
The citations can be viewed at: http://www.osha.gov/ooc/citations/AmeriGasPropaneInc_735302_0426_13.pdf http://www.osha.gov/ooc/citations/AmeriGasPropaneInc_723281_0426_13.pdf

AmeriGas is a supplier of propane throughout the United States and employs more than 8,000 people. The company has 15 business days from receipt of its citations to comply, request an informal conference with the OSHA Houston North area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

Labels: Industrial Safety, LOTO, OSHA Citations

posted by Steve Hudgik
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Thursday, May 09, 2013

Can Someone With A Medical Marijuana Card Be Fired For Testing Positive?

Photo by Hendrike

Medical Marijuana and the Workplace

With several additional states having passed medical marijuana laws that allow marijuana use for medical reasons, a major question is: Can you fire someone who tests positive for marijuana, and who has a medical marijuana card?

Massachusetts is now implementing their medical marijuana law and the Boston Globe takes a look at this question.

Read the Boston Globe Article here.

The advice is varied. Some say they are dropping testing for marijuana altogether. Others say they must still conform to federal law which makes marijuana use illegal. An NBC news story reports:

According to a 2006 report from the Society for Human Resource Management:

84 percent of employers do pre-employment drug screening.
73 percent do reasonable-suspicion testing.
58 percent do post-accident screening.
39 percent do random testing.

The NBC story is about a Wal-Mart employee, with a medical marijuana card, who was fired for testing positive for marijuana use. Read the NBC story here.

While there are many stories about people who claim to be helped by the medical use of marijuana, the other side of the story is that it is reported that tens of thousands of people who do not have a medical need for marijuana are able to get medical marijuana cards. Plus, being under the influence of marijuana at work can be a safety concern.

Is there a real medical benefit for marijuana? The National Institute on Drug Abuse reports there is a benefit, but it may be outweighed by the negative effects. Read the NIDA report here.

However, without regard to benefits, side-effects, and misuse of medical marijuana cards, employers still need to deal with the reality that medical marijuana use has been approved in some states - but federally marijuana is still an illegal drug. Is this a problem? Can you fire someone who tests positive for marijuana use? That depends on the state you are in. For an excellent overview of the legal situation I recommend the following article in Corporate Counsel:

When Employment Law Meets Legalized Marijuana

Labels: health and biological hazards

posted by Steve Hudgik
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Safe Workplace and Safety News

Safety News Briefs