Did you know that, in fiscal year 2010, OSHA issued approximately 94,000 citations?  Using this data, OSHA has recently released its Annual Top 10 list of Most Cited Violations.  OSHA releases this list every year – why? Paula Kaufmann, a CIH at Emilcott, thinks OSHA is telling us where we need to focus!  Use it as a warning or indicator that that OSHA is monitoring these trends and will be targeting companies most likely to have employees working with these hazards. 

At Emilcott, we provide health and safety guidance and support for hundreds of clients that range in size from small, family-owned businesses to Fortune 100 companies with facilities throughout the world. Our EHS consulting work familiarizes us with all types of facilities and a wide range of health and safety issues. One common thread brings these different companies and industries together:  when they embrace a company-wide safety culture they reduce their risks. So, when we look at the categories and the sheer volume of violations (47,000!) that support OSHA’s Top 10, we know that the solution for every violation is universal:   safety training and commitment to creating a safe work environment with management leadership and employee involvement! With a top to bottom buy-in on the importance and value of safety, occupational hazards are observed, analyzed and prevented.  We have seen injury (and insurance) rates drop for our clients that have genuinely adopted this approach.  Some clients have even won highly competitive projects with their safety performance making the winning difference!

Let’s get back to this year’s Top 10 categories. From year to years this lists stays virtually the same, but what we strive for, as occupational health and safety professionals, is a reduction in the number of incidents (and violations). 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees.  As we review just the top 5 violations of 2010, consider if your company is providing adequate training and support to create a safe and healthful workplace for you.  Do you work in a culture of safety? What can you do to make your workplace safer for yourself and your coworkers?  Does your company understand the complete cost of ignoring occupational safety practices? 

1)  Scaffolding (OSHA 29 CFR 1926.454)

Training Solution:   At a minimum – Scaffolding awareness, approximately 2-3 hours of training investment. 

Learn More:  “When OSHA revised its scaffolds standard in 1996, BLS [Bureau of Labor Statistics] studies showed that 25% of workers injured in scaffold accidents had received no scaffold safety training, and 77% of scaffolds were not equipped with guardrails. OSHA estimates that informed employers and workers, in compliance with correct safety standards, can save as many as 50 lives and prevent 4,500 accidents every year. In a recent BLS study, 72 percent of workers injured in scaffold accidents attributed the accident either to the planking or support giving way, or to the employee slipping or being struck by a falling object.”

2)  Fall Protection (OSHA 29 CFR 1926.503 & 1926.1060)

Training Solution:  OSHA requires training for anyone working on elevated surfaces, an approximate 2-4 hour training investment per person  This includes above excavations!  There is a requirement for Competent Person as well (to ensure that everyone is following the requirements and the equipment is appropriate).

Safety Violations Cost:  “The U.S. Department of Labor’s Occupational Safety and Health Administration has cited, a residential roofing contractor in Belleville, for violations in connection with fall hazards. Proposed penalties total $106,400.”

 3)  Hazard Communication (OSHA 29 CFR 1910.1200 & 1926.59)

Training Solution:  OSHA requires employers to provide employees with effective information and training on hazardous chemicals in their work area.  This means an initial training (1 to 2 hours) and follow-up training when new chemical hazards are brought onsite or when employees have new job tasks involving new chemical hazards.  Maintaining an accurate, up-to-date list of substances and a Material Safety Data Sheet (MSDS) for each substance  are also required.

Learn More:  Find out more about Hazard Communication here and, as global harmonization moves forward, talk to your health and safety staff about new developments or subscribe to updates from this OSHA site. 

Safety Violations Story: Young Workers:  Robert

4)  Respiratory Protection (OSHA 29 CFR 1910.134 & 1926.103)

Training Solution:  All employees who are required to wear respiratory protection, including filtering face pieces, must be properly trained how to use and care for a respirator– this takes about 1 hour. Medical Clearance and Respirator Fit-test is also required, as is the assignment of a Respiratory Protection Program Administrator who should be properly trained in this task (about 8 hours).

Learn More:  Why Proper Respirator Protection Lets You Breathe Longer (and Breathe Easy)

5)  Ladders (OSHA 29 CFR 1910.26)

Training Solution:  Employees should be trained to properly use ladders and to recognize the hazards from falls while using ladders and stairways. This is generally a 30-minute training investment and can be part of regularly scheduled Tool Box Talks. OSHA also requires Ladder Inspection Program to remove and destroy defective ladders.

Learn More: “OSHA rules apply to all stairways and ladders used in construction, alteration, repair, painting, decorating and demolition of worksites covered by OSHA’s construction safety and health standards” and this quick guide to portable ladder-related falls”.

So, are you concerned that you could be caught, written up and fined by OSHA due to safety violations?  Then, you need the Emilcott Training Needs Assessment Tool!  It’s free and is designed to help you determine which employees need health and safety training to meet regulatory compliance specific to your operation.

Here’s a final interesting  statistic:  According to OSHA, an effective safety and health program forms the basis of good worker protection and can save time and money—about $4 for every dollar spent—and increase productivity and reduce worker injuries, illnesses and related workers’ compensation costs.  Now that’s an investment that makes sense to your workforce and your wallet (and keeps you off OSHA’s top 10)!

It’s a windy, rainy day in northern New Jersey today and, as I drive through my town, I see the sanitation trucks are out to collect garbage and paper recyclables as early as they can before everything is soaked.  My town roads are basically paved horse trails so imagine narrow, winding roads with lots of sharp curves with a posted speed limit of 25 MPH.  So why is one of the garbage trucks going about 35MPH on one of these roads with a soaking wet worker standing on the truck’s rear platform clinging with a death grip to the side?  Is it that important to get the garbage in as fast as possible?  Why is the worker not in the truck if they are not making stops?  Does one of these workers have to die before this sanitation company takes steps to stop these stupid and unsafe acts?

As an experienced Safety Professional, I’m trained to recognize compliance-driven and non-compliance “best practice” occupational safety violations.  However, what does it take to change laws and habits that affect workers and citizens?  In our society and legal system it seems that, yes, someone (or many) has to tragically die before change and regulation are considered.

Let’s review some of our history:

1911:  The Triangle Shirtwaist Factory Fire in New York resulted in 146 worker deaths due to locked escape routes leading to local then nationwide Life Safety Laws.

1900-1910:  In this decade, the number of coal mine fatalities exceeded 2,000 annually leading to the creation of the Bureau of Mines — the first code of federal regulations for mine safety – and, finally, in 1977, the Mine Safety and Health Act.

But let’s not think that safety negligence is ancient history. More recent developments illustrate the current gap in safety practices:

2008:  Georgia sugar plant combustible dust explosion caused 14 deaths leading to OSHA taking steps to create a combustible dust regulation that has not been completed.

2008:  NYC crane collapse plus three other crane collapses take the lives of 10 people within 6 months resulting in the new OSHA Construction Cranes and Derricks standard in 2010.

And what safety measures became a part of your life after the statistics became too grim to ignore?

Guardrails installed between eastbound and westbound lanes of a busy, high-speed highway after dozens of deaths from crossing the median?

Flashing traffic lights installed at dangerous intersections after repeated, similar car crashes and deaths?

Model building codes, like NYC Construction Codes, instituted and rigorously enforced after poor workmanship repeatedly resulted in fire, structural failures and death?

Child safety laws (like consumer protection laws triggering Fisher-Price to recently recall 10 million children’s products) governing furniture and toys after children have choked, strangled and been maimed?

The Price of Safety

When it comes to saving lives at work, on the road or at home, we are a reactive society.  We  do nothing until we have determined the cost of safety:  the value of life versus the cost of fixing the dangerous condition.  And, just how much is a life worth these days?  And who is going to pay the costs of training, new equipment, and enforcement of regulation or practices?  Ask your local insurance agent, government official or affected business; they figure out this value whenever a regulatory change is considered.  If they’re defining the dollar value per life, do you agree that your family’s or friends’ lives are worth the price…or any price for that matter?  Are you willing to be one of the fatalities that get people to take action? 

How Can We Improve Safety

We need to change. From simple things like following the speed limit and adjusting it for weather conditions to making smart decisions when working around the house or shopping for the best product, safety starts with personal accountability.   At work or around town, take the time to report to our employers, local officials, and State or Federal OSHA when we see a situation or hazard that can cause an injury or death.  Or you could wait until someone dies.

In July, David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, published a memo to his staff at OSHA highlighting several new approaches that OSHA is using (or planning to use) in its effort to protect workers.  Dr. Michaels is building on the progress of his predecessors and reinforcing some of the weak links in the system created both by Congress and former administrations. In his recent letter, Dr. Michaels reviews some legacy issues that limit OSHA-influence in creating safer workplaces such as

• OSHA has only 2,000 inspectors responsible for the health and safety of 130 million workers at 7 million worksites
• OSHA fines are too small to have an adequate deterrent effect
• OSHA standards provide limited protection to whistleblowers from retaliation
• OSHA occupational exposure standards have been established for only a small percentage of chemicals used in US workplaces (most of those are based on out-of-date science) with a slow and resource-intensive standard-setting process

Dr. Michaels states that OSHA needs to transform how it addresses workplace hazards, and in its relationship to employers and workers. As such he outlines a new strategy that is a clear shift from recent years indicating that there is a “new sheriff in town” and business (ALL businesses) should take heed.  Here are some of my extrapolations and thoughts regarding 6 of these transformational items — consider how they will affect your business or workplace.

1.       Stronger Enforcement:  Some Employers Need Incentives to Do the Right Thing

OSHA will have more and bigger sticks.  OSHA is redirecting resources to conduct inspections of high risk industries and tasks including ergonomics.

My take:  There is always danger when the pendulum swings from one extreme to another.   It is our experience that small businesses are still the sector that has the greatest need to upgrade their H&S compliance programs and the greatest vulnerability to getting OSHA citations.  They need the most help in identifying hazards, understanding the regulations and in taking the steps necessary to protect their employees.   We have seen OSHA take a much harder line on enforcement of non-compliance for these smaller companies and levying fines for serious and willful violations that are excessive considering their size.  This focus on hard line enforcement for small businesses can be in conflict with OSHA’s other acknowledgment that small businesses need assistance to understand the complexities of the OSHA regulations. 

OSHA will use a shame strategy to push employers to do the right thing by publicizing employers with major violations.

My take:  The most common incentives for compliance in the past are either a company’s willingness to do the right thing by their workers or their mindful eye toward factors contributing to the bottom line such as workers compensation insurance costs.  By increasing inspections, fines and publicity for violators, stakeholders and employees will discover the truth about wrongdoers.  Most companies can’t afford the poor publicity much less the added financial burden of fines and penalties.

 2.        Ensure Workers Have a Voice

OSHA is using several means to reach immigrants and non-English speakers — especially in high hazard industries. One example of this targeted push is a recent conference – the National Action Summit for Latino Worker Health and Safety – that brought together leadership and grassroots professionals. And, OSHA training grants are focused on training non-English speakers as compliance officers looking to see that employers are providing understandable training to their workers.

My take:  Realizing that our workforce for many industries is largely composed of workers from foreign countries who may not understand English at a level that applies to doing their job safely under American standards, OSHA training grants allow workers or at least union shops to receive health and safety training in a language that they understand.  AND OSHA compliance officers are going to be checking with workers of all nationalities to see that they do understand health and safety law.

OSHA is reviewing its whistleblower protection policies.

 3.       Refocus and Strengthen the Compliance Assistance Programs

OSHA is developing more compliance assistance documents for those without technical backgrounds, including those with limited English-language literacy.

OSHA will refocus its compliance assistance to support small businesses.

My take:  OSHA understands that the regulations are hard to interpret and the compliance assistance materials are necessary if non-technical personal and small businesses are to be in compliance.  Look for a broader base of all compliance assistance materials and an increase of Spanish-language materials.

 4.       Change Workplace Culture: Employers Must “Find and Fix” Workplace Hazards

OSHA wants employers to go beyond simply attempting to meet OSHA standards by implementing risk-based workplace injury and illness prevention programs.

OSHA is developing a rule mandating workplace injury and illness prevention programs. 

My take:  This could be a fundamental improvement in the function of safety and health programs much as the improvements seen when the Hazard Communication Standard was instituted in the mid-1980s.  OSHA has mandated the development of comprehensive H&S programs in construction and hazardous waste but does not require the same for the rest of general industry.   The requirement of implementing workplace injury and illness programs will close most of this gap.

 5.       Develop Innovative Approaches to Addressing New (and Old) Hazards: Improve Intra-Agency Collaboration

Dr. Michaels acknowledges that the OSHA process for issuing new standards does not work.  He has appointed an internal task force to come up with short-term and long-term solutions to this problem.

My take:  Just looking at the OSHA permissible exposure limits (PELs) – the majority of which are based on data developed in the late 1960’s. We have more data now, more sophisticated measuring devices, new substances and yet OSHA is stuck working with these obsolete PELs.   In 1989 OSHA tried to update the Agency PELs in one big swoop, but the process barely got off the ground before it was tied up in court debating cost of update vs. cost of lives saved. By acknowledging that the process is designed so that regulations and standards don’t change, we are hopeful that the process will be modified to allow for updated and expanded standards.

6.       Improve and Modernize Workplace Injury and Illness Tracking: Strengthen our Focus on Accurate Recordkeeping

OSHA is transitioning to electronic data collection to take advantage of the many benefits of electronic injury tracking.

My take: It will be interesting to see if OSHA will create a reporting threshold that will allow the Agency to be more proactive …much the way the EPA mandates recordkeeping reporting for companies that meet chemical use or release thresholds. 

So – what do you think will happen with Dr. Michaels’ plans for the transformation of OSHA?  Do you consider that the threat of more inspections and public humiliation will encourage violators to change their approach to worker protection?  How about the concept of “Injury and Illness Prevention Programs” – studies have shown that these programs do reduce injury and illness rates – but will OSHA be able to rollout a new standard that is a paradigm shift?

These are tough economic times and businesses are looking to cut costs and save money. A disturbing trend I have noticed is the willingness of many companies to make cuts in safety programs and employee training in a misguided attempt to improve the bottom line.

Trained workers are safer workers.  The facts bear this out. Shortsighted statements I’ve heard include; “We don’t have problems in that area, so we’re cutting back on training.”, when the training was most likely the reason for the lack of problems.

Often, it is difficult to see how beneficial training can be until you experience the effects of its absence. Negative indications show themselves in higher EMRs, increased workman’s compensation claims, lost production time, and property damage. Only companies actively tracking and trending incidents are likely to realize this. (By the way, such companies would also be the ones least likely to make such cuts in the first place!)

It takes just one serious incident resulting in injuries to quickly eliminate any savings associated with cutting programs and training.  What’s more, most health and safety training is required by regulations, so there is also the risk of fines for non-compliance. These can be hefty and since most companies don’t budget for them, they become an extraordinary cost – right off the bottom line!

At Emilcott, we have seen firsthand the effects that result from a lack of training.  Recently, we were hired by a client who laid-off their safety director a couple years prior.  After starting our work, we informed the client of numerous safety violations throughout their organization. These appeared to be a direct result of the lapse in proper safety training – since they no longer had a safety director to oversee their program.  Through the Emilcott Training Institute, our client was able to receive the training needed to avoid these safety violations – and keep their employees safe and on the job. However, in their attempt to save money, the client ended up spending more in a short period of time just to catch up.

Making drastic H&S budget cuts just never pay off.  As experienced health and safety consultants, we work with our clients to offer solutions when budgets get tight:

• Outsource until you can hire again – we have provided EHS professionals at our clients’ sites for just this purpose for both short and long term requirements.
• Prioritize your H&S needs – consider the total reduction in your workforce or operations to determine where you can pull back and where you cannot.
• Take advantage of training courses open to the public – it may no longer be economically sound to run a training course in-house, but don’t lapse on required courses.
• Take advantage of FREE resources – many consultants provide lots of free info and OSHA will provide all types of assistance at no cost. As an example, Emicott offers a comprehensive Free Training Needs Assessment at www.emilcott.com!
• Pool resources – look toward your industry’s professional organizations or neighboring companies to share services. Maybe a part-time Safety Director is better than none at all.
• Ask a professional – put together a plan and a program to get you through the lean times

Has your company adjusted their health and safety program for leaner times?

Have you seen a direct effect and how are you compensating?

Both OSHA and the EPA seemed to have recently awoken from their regulatory slumber. OSHA has announced its first major rulemaking during the Obama administration with a proposed change to the agency’s Hazard Communication (HazCom) Standard.  The existing OSHA HazCom Standard provides workers with the right to know the hazards and identities of the chemicals they are exposed to while working, as well as the measures they can take to protect themselves.  This standard was originally adopted in November 1983 and has been enhanced a few times with the latest revision in February 1994.

The proposed changes set the stage for the United States to catch up with the global community in the use of globally consistent methods for chemical hazard classification, hazard labeling, and the format of Material Safety Data Sheets (MSDS).  The proposed changes will align the HazCom Standard with the United Nations Globally Harmonized System of Classification and Labeling (GHS).  The GHS was adopted by the UN in 2003 with a goal of implementation in 2008.   Most multinational companies have been following both the global system and the current OSHA Hazard Communication Program in recent years.  The US Department of Transportation has already modified the DOT requirements to make them consistent with international UN transportation requirements and the GHS.  Now it is time for OSHA.

The proposed changes will significantly improve the quality and consistency of information provided to workers, employers and chemical user by having a standardized approach to identifying the hazard, labeling the hazard on containers and equipment, and documentation of the hazard on a MSDS.  The most pronounced change that chemical purchasers and workers will see is a consistent hazard warning statements and warnings (including pictograms) along with MSDSs will always have the same information located in the same place.  These changes are critical not only for everyday users of the chemicals but also emergency responders and medical personnel.

However, the changes won’t be required next week and probably not even next year.  The process for moving through a major revision to an established regulation can be long and loud (with input from all vantages points on the changes).  OSHA took the first step of this process in September 2006 with an “Advance Notice of Proposed Rulemaking” (ANPR).  The recent step, in September 2009, is detailing the changes to HazCom with the publishing of a “Notice of Proposed Rulemaking” (NPRM). Next is the comment period (90 days – December 29, 2009) and then public hearings scheduled for early 2010.  OSHA will then draft a Proposed Standard which will have to be reviewed by the Office of Management and Budget and will consult with the Small Business Administration.  The Proposal Standard will then get published in the Federal Register, and will most likely have a comment period.  FINALLY, OSHA will incorporate changes from comments into the Final Standard, which will be published in the Federal Register with the provisions taking effect over the following months or years.

It’s a long process.  Regulators don’t have the window of time to slumber.

The swine flu vaccine was approved for release by the FDA. It will be about 4 weeks before you are able to be vaccinated. In the meantime, you may have a number of questions regarding the vaccine and its safety. It is important to be educated about the virus and vaccine before making a decision regarding whether you should be vaccinated. By being educated you can protect yourself and others, including family members or coworkers.

The first thing you should do is view the websites of the FDA & CDC. They include a number of links and answers to many of the questions you may have regarding the vaccine. Another great resource is flu.gov, which is a site maintained by the United Department of Health and Human Services. There is also a wealth of information on non-government websites and there several worthwhile free webinars available. One such webinar is being facilitated by Emilcott, and more information can be found here.

1. Assess the Situation

Before lifting and carrying a heavy object, take a few moments to assess the situation.

• How far will you have to carry the load?
• Is the way clear of clutter, cords, slippery areas, overhangs, stairs, curbs, or uneven surfaces?
• Will there be doors that are closed? Ask someone to hold a door open or place a wedge under the door to hold it open.
• Once you get the load up, will you be able to see over the load, or will the load block your view?
• Can the load be disassembled, carried in pieces and then reassembled?

2. Before You Lift

Take a few moments to “size up the load.” Test the weight by lifting a corner of the object. If it is too heavy or if the object is an odd shape, STOP!

• Ask for help. Two or three people lifting a heavy object is much safer than trying to do it yourself.
• Use a hand truck, pushcart, or a mechanical lifting device.
• Consider using gloves that will improve your grip and protect your hands.

Never lift anything unless you are sure you can do so safely.

3. Lifting the Load

The KEY to lifting safely is keeping your back straight or slightly arched. NEVER USE YOUR BACK TO LIFT!

• Start the lift by putting your feet close to the object. Get a firm footing.
• Center your body over your feet.
• Squat down like a professional weightlifter, bending your knees. Keep your back straight or slightly arched. You want your legs to do the lifting, not your back.
• Keeping the chest pointing forward will guarantee a straight back.
• Grasp the load securely with your hands, and pull the load close to you.
• Smoothly lift straight up. NEVER TWIST YOUR BODY WHILE LIFTING, KEEPING YOUR HEAD UP, AS IF LOOKING STRAIGHT AHEAD, NOT DOWN.
• The shoulders should be kept in line with the hips to avoid twisting.

4. Carrying the Load

As you carry the load:

• Keep the load close to your body. The further an object is held from one’s center of gravity, the more force required to hold that object up.
• Keep your back straight or slightly arched.
• Walk slowly and surely.
• Use your feet to change directions. Never twist your back.
• Avoid leaning over.
• Avoid lifting a load over your head.
• If you become tired, set the load down, and rest for a few moments.

5. Setting the Load Down

Setting the load down is the reverse of lifting.

• Position yourself where you want to set the load.
• Squat down. Let your legs to do the work, not your back.
• REMEMBER NOT TO TWIST YOUR BODY WHILE SETTING DOWN A LOAD, AND KEEP YOUR HEAD UP.
• Once the load is where you want it, release your grip. Never release your grip on a load until it is secure. You don’t want to drop a load on your foot. Or, if someone is helping you, dropping a load unexpectedly can injure the other person.

Maintaining a Healthy Back
Posture – Standing

• Stand up straight. Don’t slouch.
• If you must stand for long periods of time, use a footrest or anti-fatigue mats.
• Select and use appropriate footwear that is comfortable.

Posture – Sitting

• Sitting is actually harder on your back than standing.
• Sit up straight. Again, don’t slouch.
• If you must sit for long periods of time, consider using a pillow or towel to support your lower back.
• Select and use a chair that fits you. Make sure that when you are sitting that your knees are slightly higher than your hips.

Posture – Lying Down

• Select a mattress that doesn’t sag. Or, replace one that does.
• Sleep on your side with your knees bent or on your back. Avoid sleeping on your stomach with your head resting on a stack of pillows.

Exercise

• Increasing your flexibility is a great way to avoid lower back pain and injury.
• Try stretching those muscles with simple exercises like touching your toes.
• Perhaps enrolling in a yoga and / or pilates class is the answer for keeping limber.

Pace yourself

• Take many small breaks between lifts if you are lifting a number of things.

1. Is the material hazardous? This can be determined by looking at the Material Safety Data Sheet (MSDS) or the label.

2. Does the Department of Transportation consider the material a hazardous material for transportation? Check the Hazardous Material Table (HMT) found in 49 CFR 172.101.

3. Is the material listed by name in the HMT? If so, that would be the proper shipping name.

4. Is the material not listed by name in the HMT but is a hazardous material due to flammability, corrosivity, etc.? If so, a generic proper shipping name would be used. The generic proper shipping names are also located in the HMT.

5. Do you have personnel trained according to 49 CFR 172.704?

6. Do you have the proper label(s) as required by 49 CFR 172.400 – .450?

7. Is the packaging approved for the shipment of hazardous materials according to 49 CFR 173?

8. Have you completed the Shipper’s Declaration of Dangerous Goods?

9. Is the listed emergency response telephone number answered by a “live person?”

10. Failure to ship hazardous materials properly has resulted in monetary fines in the hundreds of thousands of dollars.

1. OSHA regulation 29 CFR 1910.134 details the requirements for a Respiratory Protection Program.

2. A Respiratory Protection Program is mandatory if any employee is required to wear any type of respirator during the course of their job.

3. The establishment and maintenance of a Respiratory Protection Program is the responsibility of the employer and must of: a written program, employee training, fit testing’ and medical surveillance.

4. All employees who will be issued respiratory protection must be medically cleared to wear a respirator before fit testing and donning a respirator

5. Only respirators which have been certified by the National Institute for Occupational Safety and Health (NIOSH) should be used

6. Fit testing for respirators is done to determine the correct size respirator for the employee.

7. Fit testing is required for all positive and negative pressure tight fitting facepieces.

8. Fit testing can be accomplished by using either a qualitative agent (eg Bitrex) or quantitatively (eg., PORTACOUNT®) with a probed face piece.

9. Fit testing must be conducted: prior to initial issuance of a respirator; when a different facepiece is used; when an employee’s physical changes may affect facepiece fit; and annually thereafter.

10. Employees must conduct a user seal check each time they wear a respirator to assure they have donned and adjusted the facepiece correctly.