OSHA watch

Controversial ruling on Process Safety Management Standard being appealed

A controversial ruling by the Occupational Safety and Health Review Commission (OSHRC) that extended the Process Safety Management Standard beyond hazardous chemicals has been appealed by Oklahoma-based Wynnewood Refining Co. LLC and its successors, the refinery at the center of the ruling. The OSHRC affirmed citations under the standard, even though the explosion occurred at one of the refinery’s boilers, an onsite utility operation workplace that safety and legal experts say is typically not included in process safety management.

The case was appealed to the 5th U.S. Circuit Court of Appeals.

Free online course on preventing workplace violence

The Muskie School at the University of Southern Maine launched a free online programto train retail workers and employers on preventing and responding to violence in the workplace. The course offers tips on how to respond to violence or the threat of violence by reading body language and using de-escalation techniques, and how to establish a workplace violence prevention program. Participants may register and complete the training at their own pace.


New resources

Alerts:

Webpages:

Flyer:


Solar panels do not qualify as roofing work

The United States Court of Appeals for the Ninth Circuit in San Francisco denied a petition to review an Occupational Safety and Review Commission’s final order affirming a citation for violating fall protection standards. Bergelectric was hired to install solar panels on the roof of a hanger in San Diego and argued that the installation was on a low-sloped roof, which has laxer standards than work on unprotected sides and edges. The court determined that the installation of solar panels did not qualify as performing “roofing work” and so Bergelectric violated the fall standard because they failed to use personal fall arrest systems, safety nets or guardrails.


Enforcement notes

California

  • USF Reddaway Inc, a trucking company received four citations and $68,438 in penalties after a worker was fatally struck by a tractor at a truck terminal. Inspectors found that the company failed to ensure operators were competent to operate terminal tractors and did not implement traffic controls.
  • Anaheim-based Nexus Energy Systems Inc., a solar panel installer, faces fines totaling $193,905 for multiple serious workplace safety hazards, including failure to provide fall protection for its employees. One worker fell and suffered a broken wrist and jaw.
  • Hanwha L&C USA, LLC received eight citations and $52,705 in penalties after a forklift crushed a worker’s foot. Citations related to training and evaluating workers.

Florida

  • GA&L Construction Corp. Inc. and The Rinaldi Group of Florida LLC were cited for failing to protect employees from fall hazards after a fatal fall at a construction worksite in Miami. The two companies face $87,327 in penalties.
  • Duda Farm Fresh Foods Inc., based in Belle Glade was cited for exposing employees to workplace safety hazards after a worker required medical treatment due to an anhydrous ammonia leak in the farm’s packaging house. The company faces $95,472 in penalties. The inspection is covered under the National Emphasis Program on Process Safety Management Covered Chemical Facilities.
  • National discount retailer Dollar Tree Store Inc.was cited for exposing employees to safety hazards at its store on Southern Boulevard in West Palm Beach. The company faces $104,192 in penalties for exposing employees to struck-by, trip, and fall hazards due to unstable merchandise stacked in excess of 7-feet high in the path of an emergency exit.

Georgia

  • Evoqua Water Technologies LLC, based in Thomasville, was cited for failing to protect employees working in excessive heat. An employee suffered heat exhaustion and was hospitalized after working in direct sunlight and wearing required protective clothing during welding and fabrication work at a Key West, Florida worksite. The company faces $21,311 in penalties, including the maximum penalty allowed by law for the heat-related violation.
  • An appeals court denied a review of citations issued to Century Communities Inc. for a fatal electrocution at a residential construction site. Although none of its employees were exposed to the hazard, Century was cited under the multi-employer worksite policy.

Illinois

  • Residential homebuilder Florentino Rodriguez of DB Custom Carpentry LLC was cited for exposing employees to falls at a residential site in Wheaton. The contractor faces penalties totaling $196,905 for one serious and two willful safety violations.

Nebraska

  • Discount retailer Family Dollar Store was cited for safety violations at an Omaha store, including failure to secure compressed gas cylinders, follow manufacturer’s instructions when using electrical apparatus, ensure emergency exit doors remain unlocked, cover overhead lights, and allowing equipment to block an exit route. Proposed penalties are $302,147.

Pennsylvania

  • Energy Transportation LLC and MW Logistics Services LLC were cited for serious safety violations after a fatal fire at a natural gas processing plant in Houston. Energy Transportation LLC, the company contracted to clean lines and vessels at the plant faces penalties totaling $51,148. MW Logistics Services LLC, the host employer, faces $47,360 in penalties. Both were cited for violations of the PSM standard.

For additional information.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

“At-will employee” no defense for firing an employee after reporting a safety hazard

The U.S. District Court of the Eastern District of Pennsylvania recently denied an employer’s motion to vacate a jury’s award of punitive damages to a former employee of an iron-casting company who claimed he was terminated for reporting alleged safety and health hazards. When no corrective action was taken after he repeatedly complained about a roof leak that leaked directly into an electrical box and created a slipping hazard, he filed an anonymous complaint with OSHA.

The agency conducted an unannounced inspection and a few days later he was fired. He then filed a whistleblower complaint with OSHA that found Hamburg, Pennsylvania-based Fairmount Foundry fired him in retaliation for engaging in a protected activity under Section 11(c) of the Occupational Safety and Health Act. In Acosta v. Fairmount Foundry Inc., a jury awarded $40,000 for lost wages, pain and suffering and punitive damages to the former employee, Zachary Zettlemoyer.

The company argued the jury had not been instructed on at-will employment and another trial was warranted. But the court denied it. “Even if we gave an at-will employment instruction explaining Mr. Zettlemoyer could be terminated for any reason or for no reason at all, Fairmount Foundry could not have terminated him for engaging in protected activity,” the judge stated. “Fairmount Foundry does not explain how an instruction on at-will employment prejudiced it and, given our charge on the elements of a retaliation claim and pretext, we see no prejudice.”

Moreover, in response to a motion by the Department of Labor, the court awarded prejudgment interest on the $25,000 back pay award and ordered Fairmount Foundry to reinstate Mr. Zettlemoyer. It also permanently enjoined Fairmount Foundry from violating Section 11(c) and ordered Fairmount Foundry (to) expunge from Mr. Zettlemoyer’s personnel record any adverse reference to discharge on October 8, 2015; post a court-approved anti-retaliation notice in a common area for a period of sixty days; and provide a neutral reference regarding Mr. Zettlemoyer’s employment, if requested by subsequent employers.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

Things you should know

CDC: Half of workplaces offer health/wellness programs

Almost half of all U.S. worksites offered some type of health promotion or wellness program in 2017, according to a new study, Workplace Health in America 2017. This was the first government survey of workplace health promotion programs in 13 years.

Nationally, almost 30 percent of worksites offered some type of program to address physical activity, fitness, or sedentary behavior. Some 19 percent of worksites offered a program to help employees stop using tobacco products, and about 17 percent of worksites offered a program to address obesity or weight management.

FMCSA delays publication of proposed rule to amend trucker hours-of-service regs

The Federal Motor Carrier Safety Administration (FMCSA) has delayed until further notice the publication of a proposed rule intended to add flexibility to hours-of-service regulations for commercial truck drivers. The proposed rule remains under the Office of Management and Budget review.

NLRB gives employers greater discretion to limit union activity on their premises

The National Labor Relations Board (NLRB) recently issued a decision in UPMC Presbyterian Shadyside that reverses a longstanding precedent and holds that employers no longer have to allow nonemployee union representatives access to public areas of their property unless (1) the union has no other means of communicating with employees or (2) the employer discriminates against the union by allowing access to similar groups.

Study: Energy drinks take toll on heart health

Popular caffeine-packed beverages could affect heart rhythm, according to a new study. Research findings of a recent study published in the Journal of the American Heart Association (AHA) confirm the short-term risk consumers take when consuming energy drinks. Drinking 32 oz. of an energy drink in a 60-minute timeframe directly affected the heart rhythm of the study’s participants, a result bolstered by previous research.


State News

California

  • The Workers’ Compensation Appeals Board is planning to reorganize its Rules of Practice and Procedure, and is seeking comments from system users about other changes that it should consider. Comments can be sent to WCABRules@dir.ca.gov.

Georgia

  • A new law, the Georgia Long-Term Care Background Check Program will take effect Oct. 1, requiring nursing home and other long-term care workers to submit to extensive background checks.

Illinois

  • Illinois became the 11th state to legalize recreational marijuana.

Massachusetts

  • More changes to three key deadlines for the Paid Family Medical Leave (PFML) law.
    • September 30, 2019 – Employers and covered business entities are required to post a notice and provide written notice to their current workforce.
    • October 1, 2019 – Payroll withholdings begin for the October 1 to December 31 quarter.
    • December 20, 2019 – Deadline to file for a private plan exemption for first quarter contributions.
    • January 31, 2020 – First quarterly contribution payment due through MassTaxConnect.

Michigan

  • The governor issued an executive order creating a separate workers’ compensation appeals commission. The action separates the Unemployment Insurance Appeals Commission from the Workers’ Disability Compensation Appeals Commission.

Minnesota

  • Enacted detailed new recordkeeping requirements for employers, effective July 1, 2019, and wage theft protections for employees, effective August 1, 2019. For more information.
  • Department of Labor and Industry is urging all employers to examine their safety programs, after a spike in reported amputations this year.

Missouri

  • Department of Labor is offering confidential safety and health consultations aimed at helping employers build safer workplaces. Businesses must have no more than 250 employees at any one site, and fewer than 500 total employees, to qualify.

New York

  • The Workers’ Compensation Board formally adopted its drug formulary and prescribing rules for injured workers, set to go into effect Jan. 5, 2020.

Tennessee

  • Rejecting the strict “ABC” test adopted by its appellate court, that state has enacted a new law (H.B. 539) adopting a 20-factor test to determine employee-versus-independent contractor status. The new law becomes effective January 1, 2020.
  • An NCCI study found that prescription drug utilization decreased across all categories, regardless of whether they required prior authorization. After the Official Disability Guidelines Workers’ Compensation Drug Formulary was adopted, the utilization of N-drugs, which require prior authorization, dropped by 23.2%.

Virginia

  • On July 1, 2019, a new amendment to Virginia Code Section 8.01-413.1 will take effect, requiring all employers to provide copies of employment records to employees upon written request.


For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit 
www.StopBeingFrustrated.com

OSHA watch

Regulatory agenda

The 2019 Regulatory Agenda had no surprises in its short-term regulatory docket but in the long-term schedule there was a surprise announcement about rulemaking activity for “Drug Testing Program and Safety Incentives Rule.” The proposed rule would solidify in a new standard the current position that the electronic record-keeping rule does not prohibit employers from establishing workplace safety incentive programs or post-incident drug testing. Other items on the long-term list, which means action is not expected in the next 12 months, include: musculoskeletal disorders injury and illness recording and reporting requirements, infectious diseases, process safety management and prevention of major chemical accidents, and shipyard fall protection and personal protective equipment in construction.

Additional regulatory actions under consideration:

RULE ANTICIPATED AGENCY ACTION
Beryllium rule for general industry Final rule December 2019
Communication Tower Safety Complete SBREFA May 2019
Emergency Response Initiate SBREFA May 2019
Lockout/Tagout Request for Information May 2019
Tree Care Initiate SBREFA June 2019
Update to the Hazard Communication Standard Notice of Proposed Rulemaking September 2020
Prevention of Workplace Violence in Health Care and Social Assistance Initiate SBREFA October 2019

For the full federal Unified Agenda and Regulatory Plan

Mugno withdraws from consideration

Re-nominated for Assistant Secretary of Labor for OSHA on January 16, Scott Mugno has withdrawn his name from consideration, extending the longest period without a permanent administrator.

Final rule expected to save $6.1 million as part of the Standards Improvement Project

The rule revises 14 provisions in the recordkeeping, general industry, maritime, and construction standards that may be confusing, outdated, or unnecessary. Reducing annual lung X-ray requirements, eliminating the collection of employee Social Security numbers and removing feral cats from the list of “rodents” in shipyard sanitation standards are among the 14 revisions.

Noteworthy the controversial proposal to revise the scope provision of the LOTO standard to remove the term “unexpected energization” as a prerequisite for the requirements of the LOTO standard was not included in the final rule.

More information.

Comments for possible update of lockout/tagout solicited

Comments on a possible update to the Control of Hazardous Energy (Lockout/Tagout) standard must be submitted before August 18. Emphasis is being placed on how employers have been using control circuit devices and new risks of increased worker contact with robots.

Noteworthy, the RFI does not mention the controversial “unexpected energization” but that does not mean it’s dead. The regulated community voiced opposition in the SIP IV process.

More information.

Webpage provides information on protecting workers from CMV exposure

A common virus, Cytomegalovirus (CMV), affects thousands of workers in childcare centers and healthcare facilities. These workers are at the greatest risk of exposure because the virus is often spread through saliva and other body fluids of young children. A new webpage on CMV, explains how to minimize health risks associated with workers’ exposure to this virus.

New oil and gas exploration safety video

video developed by a Training Institute Education Center features ways to prevent injuries and fatalities in the oil and gas industry. The video focuses on falls, transportation, struck-by/caught-in/caught between, hydrogen sulfide gas, and heat illness.

Enforcement notes

California

  • Morgan Hill, California-based Pacific States Industries Inc., doing business as Redwood Empire Sawmill, settled a civil lawsuit regarding workplace safety laws following the death of a mill worker. The company agreed to pay civil penalties, restitution, and costs totaling $375,000.
  • Mercer-Fraser Co of Eureka received four citations and $63,560 in penalties after a worker driving a truck collided with a front-end loader and suffered a serious head injury. Inspectors determined that the company failed to require seat belt use, develop and implement safe practices for workers operating haul trucks, and ensure that trucks were operated at safe speeds.
  • Carlton Forge Works received three citations related to crane operations and $51,185 in penalties when a worker suffered injuries after becoming pinned between a saw table and a workpiece.

Florida

  • After an employee suffered serious injuries from a fall at the Avery Square residential construction site in Naples, four residential construction contractors received 12 citations and fines totaling $220,114 for exposing employees to safety hazards. Southern Living Contractors Inc., Paramount Drywall Inc., operating as Paramount Stucco LLC, and Crown Roofing were cited for failure to provide fall protection and other violations and Sunny Grove Landscaping and Nursery Inc. was cited for exposing employees to struck-by hazards from falling debris.
  • Inspected under the Regional Emphasis Program for Falls in Construction, Ohio-based Hiebert Bros. Construction LLC was cited for exposing employees to fall hazards after the worker was injured from a 26-foot fall at a construction worksite in Gainesville. The company faces penalties of $56,828.
  • Walt Disney Company has been fined $13,260 for failing to report two workers’ injuries in a timely manner.
  • Two citations alleging serious violations of the fall protection standard were confirmed against All-Pro Construction Services Inc., which had a pleaded the affirmative defense of unpreventable employee misconduct. The fine was reduced 10% to $8,149.
  • An online retailer of pet supplies, Chewy, Inc., faces the maximum penalty of $14,323 for exposing employees to struck-by and crushing hazards. An employee suffered fatal injuries while operating a stand-up industrial truck at the company’s Ocala plant.
  • Remodeling contractor, Stettinius Construction Inc of Winter Haven, faces $26,142 in proposed penalties after a worker suffered a fatal fall at a worksite in Naples.

Georgia

  • Kumho Tire Georgia Inc., Sae Joong Mold Inc., and J-Brothers Inc. received 22 citations and collectively face $523,895 in proposed penalties after a follow-up inspection found safety and health hazards at the tire manufacturing facility in Macon. $507,299 of the proposed penalties were issued to Kumho Tire Georgia Inc., which failed to submit abatement documents and was placed in the Severe Violator Enforcement Program.

Missouri

  • DDG Construction Services Inc., based in Charlotte, North Carolina, faces $98,693 in penalties for exposing workers to fall hazards at a commercial site in Springfield. The company has been cited for more than 15 fall violations since 2014.
  • Belfor Property Restoration and subcontractor Custom Crushing & Company, both based in Kansas City, were cited for failing to comply with asbestos removal standards while performing rehabilitation work at Kansas State University’s Hale Library in Manhattan. Custom Crushing & Company faces $193,596 in proposed penalties, and Belfor Property Restoration faces proposed penalties totaling $39,780.

New York

  • In Secretary of Labor v. All Wall Builders LLC, a judge held that East Syracuse-based All Wall Builders LLC had committed a serious safety violation of the fall protection standards. After the company agreed to participate in a voluntary state site inspection program and followed up with recommendations on further training, the judge reduced the proposed penalty by $1,622, bringing the total penalty to $5,622.

Nebraska

  • After two employees were seriously injured in a trench collapse at a construction site in Lincoln, T.H. Construction Co. was cited with one willful violation of trench safety standards and faces $106,078 in penalties.
  • A steel erection company, Daubert Construction, based in Fremont, was cited for failing to protect employees from fall hazards and faces $19,890 in penalties.

Pennsylvania

  • A general duty citation against Johnstown-based Berkebile Auto Service Inc. after a tow truck driver was fatally injured was upheld by an administrative law judge of the Occupational Safety and Health Review Commission. The company was assessed a $3,803 penalty.
  • Champion Modular Inc. was cited for exposing employees to safety and health hazards at its Strattanville facility. The company faces $687,650 in penalties. The inspection was initiated after an employee suffered an amputation. Violations related to machine guarding, fall protection, and training workers on hazard communication and hearing conservation.

For additional information.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

Things you should know

Deadline to submit pay data to EEOC extended

A federal court judge has granted the EEOC’s request to extend the deadline for employers to report equal pay data (known as Component 2) of the EEO-1 to September 30, 2019. Notice has been posted on the EEOC website.

Preventing falls in construction: NIOSH issues fact sheet

NIOSH has published a new fact sheet intended to help construction employers and workers prevent falls from roofs, ladders, and scaffolds.

FMCSA webpage answers FAQs on upcoming database of CMV drivers who fail drug, alcohol tests

The Federal Motor Carrier Safety Administration (FMCSA) has created a webpage that outlines specifics of the Drug and Alcohol Clearinghouse, a national online database intended to provide – in real time – the names of commercial motor vehicle drivers who have failed drug and alcohol tests.

‘Dirty Dozen’ list of workplace safety violators released

The National Council for Occupational Safety and Health (NCOSH) released its 2019 “dirty dozen” companies that the organization says failed to protect workers from preventable illness, injury and death.

This year’s list includes:

  • Amazon.com Inc., Seattle
  • Atlantic Capes Fisheries Co., Cape May, New Jersey, and the staffing firm it uses, B.J.’s Service Co Inc., New Bedford, Massachusetts
  • Bedrock Detroit LLC, Detroit
  • Beiza Brothers Harvesting LLC, Moultrie, Georgia
  • Facebook Inc., Menlo Park, California, along with contractors Accenture PLC, Cognizant Technology Solutions Corp., PRO Unlimited Inc. and Tech Solutions Co.
  • Genan Inc., Houston
  • Integra Health Management Inc., Timonium, Maryland
  • The Johns Hopkins Hospital, Baltimore
  • McDonald’s USA LLC, Oak Brook, Illinois
  • Purdue Pharmaceuticals LP, Stamford, Connecticut, and the opioid industry
  • Tooma Enterprises Inc., Sterling Heights, Michigan
  • XPO Logistics, Greenwich, Connecticut

 

Report on women and safety in the workplace

The American Society of Safety Professionals (ASSP) released a report on women and safety in the modern workplace. The report focuses on three main challenges faced by women and offers potential solutions.

WCRI releases comp state trends reports

The 18 states in the CompScope report are Arkansas, California, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, New Jersey, North Carolina, Pennsylvania, Tennessee, Texas, Virginia and Wisconsin.

According to an article in Business Insurance, key findings include:

  • The median indemnity costs per claim across the states for three years starting in 2015 was $17,778, with North Carolina, Pennsylvania and Georgia ranked in the top three and Wisconsin, Indiana and Texas in the bottom three.
  • The median cost per claim with more than seven days lost time between 2015 and 2018 was $41,888, with Louisiana, Pennsylvania and Virginia ranked in the top three and Minnesota, Tennessee and Texas in the bottom three.
  • The median medical payments per claim in 2017 was $13,524, with Wisconsin, Virginia, and Indiana ranked in the top three and Massachusetts, California and Texas ranked in the bottom three.
  • Twenty-nine percent was the median percentage of 2015 claims with more than seven days of lost time and 36 months of experience that had a defense attorney involved. Among the states with the highest attorney involvement were Illinois, New Jersey and California. Those with the lowest were Texas, Wisconsin and Minnesota.

New resource to help employers understand mental health issues

The DOL, in coordination with the Office of Disability Employment Policy (ODEP) and its Employer Assistance and Resource Network on Disability Inclusion (EARN), has launched a new resource, Mental Health Toolkit to help employers better understand mental health issues and to provide guidance on how to cultivate a supportive workplace.

Workers’ marijuana use major contributor to rise in positive drug tests, analysis shows

The rate of positive drug tests for illicit substances among U.S. workers in 2018 reached a 14-year peak, with marijuana playing a significant role, according to the annual Drug Testing Index from lab services provider Quest Diagnostics.

Researchers found that 4.4% of the combined U.S. workforce tested positive – up from 4.2% in 2017 and 2016 and the highest since 2004 when the rate was 4.5%. “Post-accident” positive tests showed rate increases: to 8.4% from 7.7% in 2017 among employees in the general workforce, and to 4.7% from 3.1% among workers in safety-sensitive jobs.

Boom lift scenario now part of NIOSH simulation tool

NIOSH has added a boom lift scenario to its Aerial Lift Hazard Recognition Simulator.

The training tool includes a scissor lift operation simulation, provides realistic workplace scenarios “to help potential aerial lift operators acclimate to aerial lift operation and to identify the common occupational hazards during use,” but is not intended to be a replacement for required training.

Protecting first responders from fentanyl exposure: NIOSH releases video

NIOSH has released a 13-minute video intended to protect first responders who face potential exposure to fentanyl – a synthetic opioid considered up to 50 times more potent than heroin – and other illicit drugs.

State News

California

  • The number of independent medical review determination letters calling for review of treatment denials and modifications peaked to 184,733 in 2018, 7.3% more than in 2017 according to the California Workers’ Compensation Research Institute. Full report.
  • 55% of medical bill reviews were overturned according to a report by the California Department of Industrial Relations.
  • The Workers’ Compensation Insurance Rating Bureau determined that the modest improvement in pure premium workers’ compensation rates so far in 2019 does not warrant a midyear filing.

New York

  • The New York State Workers’ Compensation Board announced that the maximum weekly wage benefit rate will climb, from $905 to $934, effective July 1.

Pennsylvania

  • Insurance Commissioner approved a nearly 13% reduction in loss costs for workers compensation insurance.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

OSHA watch

Anti-retaliation provisions of electronic record-keeping rule survives employer challenge

An Occupational Safety and Health Review Commission (OSHRC) administrative law judge’s decision to reject two defenses offered by the U.S. Postal Service to a citation preserves the controversial anti-retaliation provisions under its electronic record-keeping rule. The USPS allegedly issued a seven-day working suspension to a carrier because he reported a work-related injury. The USPS argued that the alleged standard and/or penalties were invalid because they were beyond the legal power or authority of OSHA and/or were arbitrary and capricious.

Process Safety Management standard extended beyond hazardous chemicals in ruling

Legal experts warn that a recent OSHRC ruling regarding safety violations in a deadly oil refinery explosion in 2012 could have wider implications for companies dealing with highly hazardous chemicals. OSHRC affirmed 12 violations of Process Safety Management standard by Wynnewood Refining Co, which argued the PSM was never intended to include processes that do not manage such chemicals – such as the steam boiler involved.

Prior to this ruling, it was widely understood that utilities unrelated to the manufacturing process were not included in the requirements for PSM. Experts say it is unclear how far the standard extends now.

Social media campaign to educate young workers

#MySafeSummerJob, a social media campaign to educate young workers about their rights in the workplace, how to speak up about dangerous work conditions, and how to protect themselves on the job, was launched in concert with several worker safety organizations. From April 15 through May 17 outreach will promote safety among young workers. Check out materials and ideas at the #MySafeSummerJob website.

Regional construction safety campaign shifts focus to falls

In concert with the Mid-Atlantic Construction Safety Council, a four-month campaign was launched to address the four leading causes of fatal injuries in construction. In March, the campaign focused on electrical hazards, and during April the emphasis was on struck-by hazards. This month is falls, and caught-in / between hazards will be the focus in June. The campaign serves employers and employees in Delaware, the District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia.

Email OSHA-Focus4-Region3@dol.gov for more information.

OSHRC finalizes revisions to its procedural rules

The OSHRC has finalized what it calls “comprehensive” revisions to its procedural rules, in part to reflect technological advances. Slated to take effect June 10, the changes include mandatory electronic filing for “represented” parties and a new method intended to streamline calculating time periods.

Proposal to watch: joint employer revisions

The Department of Labor announced a proposal to “revise and clarify” the issue of joint employers. The department is proposing a four-factor test “based on well-established precedent” that would consider whether the potential joint employer actually exercises the power to hire or fire the employee; supervise and control the employee’s work schedules or conditions of employment; determine the employee’s rate and method of payment; and maintain the employee’s employment records.

The proposal could differ from the interpretations put forth by other federal agencies and would not nullify regulations promulgated by individual states that have different standards.

The public has 60 days from April 1 to comment on the proposal.

Webpage on radiation emergency preparedness and response launched

A webpage intended to educate workers about how to protect themselves in radiation-related situations ranging from a small, isolated spill in a laboratory to a potentially catastrophic release at a nuclear facility is now live. The Radiation Emergency Preparedness and Response webpage provides resources on health and safety planning, medical monitoring and dosimetry, and other relevant topics for workers “who may be impacted by radiation emergencies” or “who may be involved in emergency response operations or related activities.”

Cal/OSHA proposing to re-adopt emergency rules for e-filing injury reports

Emergency rules were adopted Nov. 1, 2018 and the re-adoption would give additional time to proceed with regular rulemaking on a permanent basis. In addition to requiring electronic reporting for companies with at least 250 workers, the rules require businesses with 20 to 249 employees in industries such as construction, manufacturing and agriculture to electronically file injury logs.

A notice for proposed permanent rules is expected to be published by May 10.

MIOSHA launches emphasis program on roadway accident

The state emphasis program on roadway accidents will run through December 31, 2019 and is intended to increase the priority of inspections related to construction roadway safety and initiate inspections upon observing a roadway project with workers present.

Enforcement notes

California

  • Cal North Farm Labor Inc., a farm labor contractor and Crain Walnut Shelling Inc. face more than $100,000 combined in proposed penalties after a worker was fatally crushed by a bin dumper at a walnut processing and packing facility in Los Molinos.
  • Staffing agency Priority Workforce Inc. and JSL Foods Inc., a maker and distributor of pasta and baked goods face more than $300,000 in fines for serious citations after a temporary worker lost two fingers cleaning machinery at a Los Angeles food manufacturing facility.
  • Accurate Comfort Systems Inc. received four citations and faces $75,750 in penalties after a worker suffered serious injuries in a fall from a ladder on a 12-foot-high work area.

Florida

  • Inspected as part of the Regional Emphasis Program on Falls in Construction, Florida Roofing Experts, Inc. faces $132,598 in fines after inspectors observed workers performing residential roofing activities without fall protection.

Georgia

  • Investigated under the National Emphasis Program on Trenching and Excavation, Riverside Military Academy Inc., a military college preparatory academy in Gainesville, was cited for exposing employees to trenching hazards, faces $381,882 in penalties, and was placed in the Severe Violator Enforcement Program. Citations included allowing employees to work inside a trench without cave-in protection and a safe means to enter and exit the excavation, and failing to locate underground utilities prior to work.
  • Specialty chemical manufacturer, Plaze Aeroscience, operating as Plaze GA, was cited for exposing employees to fire and burn hazards at the company’s facility in Dalton and faces $107,164 in penalties.

Michigan

  • Mt. Clemens-based Powder Cote II received seven citations and faces $65,000 in penalties for failing to provide fall protection or guardrail systems, guard rotating shafts and machinery, and failing to control the startup of machinery during maintenance.

New York

  • Remington Arms, LLC, based in Madison, North Carolina was cited for 27 violations of workplace safety and health standards and faces $210,132 in penalties after a worker’s fingertip was amputated while using an unguarded metalworking machine at its Ilion manufacturing plant.

Pennsylvania

  • Framing contractor, Navy Contractors, Inc. was cited for willfully exposing employees to fall hazards at residential construction sites in Royersford, Collegeville, and Center Valley after inspections saw employees working without fall protection. The company faces $603,850 in penalties.
  • A jury in the U.S. District Court for the Eastern District has found that Lloyd Industries Inc., a manufacturing company based in Montgomeryville, and its owner William P. Lloyd unlawfully terminated two employees because of their involvement in a safety investigation. Damages will be determined in phase 2 of the trial.
  • A jury has concurred with the findings of a whistleblower investigation and awarded $40,000 for lost wages, pain and suffering, and punitive damages to a former employee of Fairmount Foundry Inc. The employee claimed that the Hamburg iron-casting company terminated him for reporting alleged safety and health hazards.
  • New Jersey contractor, Brutus Construction, Inc. was cited for exposing workers to fall hazards at a Souderton residential construction site. Inspectors saw employees working on roofs without fall protection and the company faces nearly $182,000 in penalties.

Wisconsin

  • A follow-up inspection revealed that Beloit-based Avid Pallet Services, LLC, failed to correct violations related to wood dust and respiratory hazards. The company faces penalties of $188,302.

For additional information.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

Ten most dangerous jobs

Going by the sheer number of on-the-job deaths, the truck drivers and sales drivers classification was by far the most dangerous, accounting for nearly 1,000 (987) deaths in 2017. However, the chances of a fatality are much higher in specific industries when the fatal work injury rate, calculated per 100,000 full-time equivalent workers, is used. According to a recent report in EHS Today, the ten most dangerous jobs of 2019 are:

No. 1 – Fishers and related fishing workers

Moving up from number 2 to become the most dangerous profession, fishers and related fishing workers experienced 41 fatalities in 2017, an increase of almost 58% from 2016. The fatality rate was 99.7 per 100,000 full-time equivalent workers. Risks: drowning, struck by lightning, crushed by equipment.

No. 2 – Loggers

Falling from the most-dangerous profession to number 2, loggers experienced 55 fatalities, a drop of almost 65% from 91 fatalities in 2016 for a fatality rate of 84.3. Risks: falls, struck-by, dangerous tools such as chainsaws and axes.

No. 3 – Aircraft pilots and flight engineers

Pilots and flight engineers experienced 59 fatalities in 2017 for a fatality rate of 58.6, a drop from 2016. Risks: crashes.

No. 4 – Roofers

Roofers experienced 91 fatalities in 2017 for a fatality rate of 45.2, slightly lower than in 2016. Risks: falls, struck-by, and heat.

No. 5 – Refuse and recyclable material collectors

Refuse and recyclable material collectors experienced 30 fatalities in 2017 for a fatality rate of 35.0, very similar to 2016. Risks: dangerous machinery, crushed by equipment, struck-by, traffic accidents, struck by vehicle.

No. 6 – Structural iron and steel workers

Steel and ironworkers experienced 14 fatalities in 2017 for a fatality rate of 33.4, a slight decrease from 2016. Risks: falls, struck-by, heat, crushed by materials.

No. 7 – Truck drivers and other drivers

Employees who drive for work – including truck drivers – experienced 987 fatalities in 2017 for a fatality rate of 26.8 out of 100,000 workers, which was higher than in 2016. Risks: traffic accidents, struck by vehicle, other drivers, construction zones, sleep deprivation, texting/talking while driving.

No. 8 – Farmers, ranchers, and agricultural managers

Agricultural workers experienced 258 fatalities in 2017 for a fatality rate of 24.0 out of 100,000 workers, very similar to 2016. Risks: dangerous machinery, chemicals, heat.

No. 9 – Grounds maintenance workers

Grounds maintenance workers experienced 244 fatalities in 2017 for a fatality rate of 21.0, a decline from 2016. Risks: heat, cold, noise, chemical exposure, ergonomics-related issues, machinery.

No. 10 – Electrical power-line installers and repairers

New to the list, electrical power-line installers and repairers experienced 26 fatalities for a fatality rate of 18.7. Risks: electrocution, falls to a lower level, transportation incidents.

Supervisors of construction workers (which ranked at #9 last year), fell off the list of the top 10.

Other key findings:

  • There were a total of 5,147 fatal work injuries recorded in the United States in 2017, down slightly from the 5,190 that were registered in 2016.
  • Fatal falls were at their highest level in the 26-year history of the Census of Fatal Occupational Injuries (CFOI), accounting for 887 (17 percent) worker deaths.
  • Transportation incidents remained the most frequent fatal event in 2017 with 2,077 (40 percent) occupational fatalities.
  • Violence and other injuries by persons or animals decreased 7 percent in 2017 with homicides and suicides decreasing by 8 percent and 5 percent, respectively.
  • Unintentional overdoses due to non-medical use of drugs or alcohol while at work increased 25 percent from 217 in 2016 to 272 in 2017. This was the fifth consecutive year in which unintentional workplace overdose deaths have increased by at least 25 percent.
  • Fatal occupational injuries involving confined spaces rose 15 percent to 166 in 2017 from 144 in 2016.
  • Crane-related workplace fatalities fell to their lowest level ever recorded in CFOI, 33 deaths in 2017.
  • Fifteen percent of the fatally-injured workers in 2017 were age 65 or over – a series high. In 1992, the first year CFOI published national data, that figure was 8 percent. These workers also had a higher fatality rate than other age groups in 2017.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

Employee behavior and heat-related illness: 5 problem-solutions

Educational campaigns and accessible resources coupled with technology and meteorology precision have made it possible for employers to provide site-specific weather information and the proper resources and training for employees to combat the risk of heat exposures. Tools such as OSHA’s heat index app calculate the heat index for the worksite, display a risk level for workers, and provide reminders about the protective measures that should be taken at that risk level.

Yet, every year thousands of workers suffer from heat illness and some die. Why?

In some cases, it’s organizational factors such as indifferent or callous supervision, poor workplace conditions, and unrealistic production expectations, which reflect the company’s overarching culture. Yet, many employers are proactive and do an excellent job in training employees and implementing procedures to prevent heat stress that aren’t followed by some employees.

Here are five problem-solutions related to employee behavior and heat stress:

  1. Problem: Risk perceptionSome employees simply underestimate how serious heat illness can be. They’ve worked in the heat before without incident – been there, done that – can’t happen to them. Moreover, the symptoms of heat illness can be subtle and misinterpreted as mere annoyances rather than signs of a serious health issue.

    That’s why the American Society of Safety Engineers calls heat the “unseen danger” at construction sites. If a heat rash appears or a cramp develops, workers can dismiss them as an inconvenience and continue working without applying a powder or getting water or a sports drink. Even signs of heat exhaustion such as thirst, heavy sweating, headache, nausea, dizziness, and irritability can be interpreted as being tired from working in the sun.

    Potential solutions: Make rest and shade breaks mandatory, pre-shift reminders about the symptoms of heat stress, foster a ‘stop and think’ culture, buddy system, make sure employees are aware of the worst-case scenario, and use testimonials and share previous incidents to heighten awareness.

  2. Problem: Don’t understand hydrationDehydration not only leads to heat stress but also impairs visual motor tracking, short-term memory, and concentration leading to work-related accidents. Most workers know that staying hydrated is critical when working in hot and humid environments.

    But “staying hydrated” means different things to different people. To some, it means waiting until they are thirsty to drink. To others, it means grabbing an ice-cold soda loaded with sugar.

    As a general guideline, the recommended amount of water intake is one quart per hour (ideally one cup every 15 minutes) of active work for the average adult. However, every worker is different. Workers with underlying medical conditions or those who are new to the work environment have unique hydration requirements.

    Potential solutions: Have water easily and readily available, provide reusable water bottles, enforce breaks, educate with detailed information about how to hydrate (frequency, water vs.sports drinks, predisposing medical factors, effects of diet, drinking alcohol) and the symptoms of dehydration, and issue frequent reminders and weather alerts throughout the day.

  3. Problem: Inexperienced workersSummer work means many young and inexperienced workers and OSHA statistics prove that these workers are particularly vulnerable to heat-related illnesses. Whether it’s lack of knowledge, an immature attitude, fear, a desire to fit in and prove their worth, or an invincible mindset, some young workers try to side-step an acclimatization program and keep up with more seasoned workers with deadly results.

    Potential solutions: Have a mentoring program, tailor training, establish consequences for failure to follow rules, and consistently interact with workers to gauge how they’re feeling.

  4. Problem: Heat illness mythsEven well-trained employees can fall back on myths, misconceptions, and inaccuracies in the “heat” of the moment. Some common myths are:
    • When you’re having heat stroke, you don’t sweat
    • Acclimatization will protect you during a heat wave
    • Salt tablets are a good way to restore electrolytes lost during sweating
    • Off-duty drinking and diet do not adversely affect the ability to manage job-related heat
    • Medications/health conditions will not affect the ability to work safely in heat

    Potential solutions: To debunk myths, employees need to understand them. Make them a part of ongoing training.

  5. Problem: Bantering and sense of controlBanter is commonplace in many physically demanding jobs. Good-natured joshing and jibing can reduce stress and help to build strong teams. Yet, when bantering moves to rough-and-tumble horseplay or bullying it can lead to dire consequences. When workers are made to feel that needing a break is a sign of weakness – “don’t be a wimp,” “man-up” – a critical line is crossed.

    Potential solutions: How workers perceive the ease or consequences of horseplay or bullying is a key factor. All organizations should make clear what is acceptable and set clear boundaries. Importantly, drill home the message that workers are responsible for each other’s safety and make sure supervisors walk the talk.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

OSHA watch

2020 budget proposal

President Trump’s proposed budget calls for a $300,000 increase in the agency’s budget, but includes an increase of almost $4 million for safety enforcement and workplace inspections and the number of full-time equivalent workers at the agency will increase by 33. Whistleblower protection is also slated to receive an extra $1.1 million, and the number of federal inspections budgeted in 2020 is projected to rise by about 300 to 33,133.

Six states sue over electronic reporting rollback

Illinois, Maryland, Massachusetts, Minnesota, New Jersey and New York are challenging the “illegal and unjustified attempt to roll back (the regulation’s) requirements for the public reporting of workplace injuries and illnesses…” in State of New Jersey v. R. Alexander Acosta. The states allege the Administrative Procedure Act was violated when the agency changed its course without a “reasonable explanation” for its new policy.

Input on powered industrial trucks sought

Request for Information published in the March 11 Federal Register seeks input to aid in a possible update of the powered industrial trucks standard (1910.178). This standard covers forklifts, fork trucks, tractors, platform lift trucks and motorized hand trucks, among others.

Comments on the RFI are due by June 10.

New trenching and excavation videos

A free 11-minute video highlighting the importance of soil classification when planning trenching and excavation work has been released in English and Spanish.

The Region 6 Training Institute Education Centers recently released a video on trenching and excavation safety. The one-hour video addresses best practices, cave-in protection, resources and other hazards workers encounter in trenching.

Registration is required to access the video.

Revised webpages address safety in the agriculture and maritime industries

The Agricultural Operations webpage was revised to make it easier for users to find safety information on agriculture-related hazards, such as grain bins and silos, heat, machinery, pesticides, and other chemicals.

The revised Maritime Industry webpage offers compliance materials, training information, and other resources to eliminate hazards in longshoring and marine terminals, commercial fishing, and shipyards.

Enforcement notes

California

  • Santa Ana-based Aardvark Clay & Supplies Inc., a ceramics firm, faces more than $250,160 in penalties for willful failure to properly guard equipment after an employee was fatally entangled in a clay manufacturing machine. Although the manufacturer had provided safety guards for the machinery, the employer removed the guards.
  • Underground Construction Co., Inc. of Benicia received three citations and proposed penalties of $27,000 after two of its employees contracted Valley Fever. The workers were exposed to the fungal disease while using hand tools to dig trenches in Kings, Fresno and Merced counties-areas where the soil is known to contain harmful spores that cause the infection.
  • West Coast Land and Development Inc., based in Concord, faces fines of $26,540 for eight violations after a worker was crushed to death by vertically stacked plywood at a San Rafael construction site.

Florida

  • Two contractors, PCL Construction Services Inc. and Universal Engineering Sciences, were cited for safety violations after two employees suffered fatal injuries at a worksite for the new JW Marriott Hotel in Orlando. Inspectors found the contractors failed to inspect formwork, shoring, working decks, and scaffolds properly prior to construction to ensure that the equipment met the required specified formwork drawings. The contractors collectively received three violations totaling $157,792 in proposed penalties, including one willful citation to PCL.
  • The Higgins Group Corp., operating as Higgins Premium Pet Foods, faces $95,472 in penalties for exposing employees to amputation, fall, and other safety hazards at its facility in Miami.
  • Ammunition manufacturer, AMTEC Less Lethal Systems Inc., faces $188,290 in penalties for multiple serious violations, and a willful violation after an explosion fatally injured two workers at the company’s Perry facility.
  • Brinker Florida Inc., operator of a Chili’s Grill and Bar restaurant in Doral, was cited for exposing employees to burns, falls, and other hazards after an employee suffered burns when falling from an unguarded platform into a hot water bath. The company faces proposed penalties totaling $62,513.
  • Roofing and waterproofing contractor, TarHeel Corp., faces $32,013 in penalties for failing to provide employees with fall protection systems and to properly train their employees after an employee suffered fatal injuries in a fall at the Forest Glen Community in Naples.
  • Venice-based Olin Landscaping faces $16,102 in penalties for failing to protect employees from heat-related illnesses and injuries and failing to report a workplace fatality to OSHA within 8 hours, as required.

Georgia

  • Inspected under the National Emphasis Program (NEP) on Trenching and Excavation, Corley Contractors Inc., based in Dallas, faces $106,078 in penalties for exposing employees to excavation hazards while installing water and sewer lines at a worksite in Acworth.
  • Inspected under the Regional Emphasis Program on Lead, U.S. Battery Manufacturing Co. is facing $115,594 in fines for exposing workers to lead, unguarded machinery, and other safety hazards at its facility in Augusta.

Massachusetts

  • The DOL has filed a lawsuit against Boston-based contractor Tara Construction Inc. and its chief executive officer, Pedro Pirez, alleging that they retaliated against an injured employee by facilitating his arrest. The worker incurred a serious injury when he fell from a ladder and reported it to DOL. The Department alleges that shortly after the employee engaged in protected activities, the defendants initiated a law enforcement investigation and facilitated the employee’s detainment by U.S. Immigration and Customs Enforcement.

Nebraska

  • Western Engineering Company Inc. faces $89,032 in penalties when an employee suffered fatal injuries after being pulled into an unguarded slat/drag conveyor at the company’s North Platte asphalt plant. Serious violations related to machine guarding, lockout tagout, confined spaces, and air monitoring.

Pennsylvania

  • Warminster-based Etna Construction Inc. faces $208,560 in fines for failing to protect its workers against trenching hazards at a Philadelphia worksite.

Virginia

  • Virginia Occupational Safety and Health issued 12 citations and $528,692 in penalties to T.D. Fraley & Sons, Inc., after a worker who was removing scaffolding sections received an electric shock from contact with a power line.

Wisconsin

  • Nemak USA Inc., based in Sheboygan, faces penalties of $26,520 for two serious health violations, the maximum penalty allowed by law, for exposing workers to metalworking fluids used on aluminum after three employees were diagnosed with occupational hypersensitivity pneumonitis, a debilitating lung disease.
  • In Secretary of Labor v. Packers Sanitation Services Inc., an administrative law judge with the OSHRC held that Packers Sanitation Services, based in Kieler, failed to guard a quill puller machine and ensure walking services were safe for employees and upheld the assessment of nearly $20,000 in citations.
  • A follow-up inspection of Avid Pallet Services LLC of Beloit found that the company failed to implement sufficient engineering controls to limit dust exposure, as well as train employees on the health hazards of wood dust. The company faces penalties of $188,302 for repeat, serious, and other-than-serious safety and health violations.

For additional information.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com

PPE and women: 13 do’s and don’ts

The recent cancellation by NASA of the highly publicized first-ever all-woman spacewalk is a good reminder of the importance of proper fitting PPE. Even with extensive training on the ground, getting the right fit for a spacesuit in microgravity can be a challenge since the body changes slightly in space due to fluid shifts or spine elongation.

Only one suit for a medium-size torso, which is the size that best fits the two astronauts, is ready for use on the station. While the decision was made by one of the astronauts who thought a large-size suit would be fine, but after a spacewalk a week earlier decided the medium-size was a better fit, it was met by some with disbelief on Twitter. The number of women entering traditionally male-dominated fields continues to grow and many have encountered improperly fitting personal protective equipment (PPE) and personal protective clothing (PPC). (The two female astronauts were part of a class that had 50/50 gender representation.)

According to The Washington Post, “Across social media platforms, women told of giant overalls, wading boots that were the wrong size, oversize gloves that kept them from being nimble, a lack of bulletproof vests that accommodated their chest sizes and a dearth of petite-size personal protective equipment at construction sites.”

While there is increased awareness and significant strides have been made in PPE for women, the fact remains that most PPE was designed based on average male body measurements and it has only been in recent years that manufacturers have tailored PPE to women. When there are products specifically designed for women some worksites just don’t have them readily available.

The best practices of providing PPE for women are very similar to those for men. Here are 13 do’s and don’ts:

  • Don’t assume your PPE is appropriate for all of your employees. Find out what is and isn’t working by getting feedback from employees. Monitor the use and identify situations where it is not used when it should be.
  • Don’t ask women to wear PPE that is too big. It is not going to provide adequate protection and in some cases creates even more serious safety risks.
  • Don’t alter PPE. It should be certified to specific standards, and alterations beyond built-in adjustment features can make the garment no longer compliant – and unsafe.
  • Don’t subject women to derogatory remarks or disingenuous humor about how they look in PPE.
  • Don’t assume women are only concerned about “how it looks.”
  • Don’t criticize, ignore, or retaliate against employees who report ill-fitting PPE.
  • Don’t penalize employees who refuse to work when appropriate PPE is not available.
  • Do involve employees in the selection of PPE.
  • Do provide the same range of sizes for women as for men, and ensure suppliers have properly assessed the appropriateness of their equipment to women and men.
  • Do ensure employees try on several sizes or types of PPE before it is issued to ensure the best fit.
  • Do educate employees about why the PPE is to be worn and train how to properly use it.
  • Do make appropriate provisions for pregnant women.
  • Do get supervisor buy-in.

The gender pay gap is substantially less in many non-traditional jobs than in other professions, and training and apprenticeships present great opportunities for women. Yet, as noted in the Construction Productivity Blog, “recruitment bias, company cultures where harassment isn’t thoroughly addressed and even reasons as simple as tools and gear not made for women in mind, also all play a critical role into why more women aren’t considering building as a career.”

Attracting women to non-traditional fields can help industries deal with an acute labor shortage and have economic benefits. According to the Peterson Institute, construction companies that were in the top 25% in gender diversity of their workforce were 46% more likely to outperform their industry average. Providing the right PPE is another way companies can recruit and retain more female talent.

For Cutting-Edge Strategies on Managing Risks and Slashing Insurance Costs visit www.StopBeingFrustrated.com