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Fall Protection, Training, Compliance & Certification

Higher fines and increased frequency for fall protection violations likely in 2016

Employers should pay close attention to fall protection standards as fines on the Occupational Safety and Health Administration's most frequent violation will be going up in 2016.

Violators are already seeing heavy fines in the new year. A Litchfield, New Hampshire-based contractor will face more than $100,000 in fines from OSHA for failure to properly protect his employees from falls and other hazards.

The contractor has been cited for $152,460 in proposed fines after it was discovered employees were working at heights exceeding 20 feet without ladder safeguards or fall protection. OSHA's fall protection standard requires fall protection for elevations over six feet in the construction industry. The contractor was additionally cited for willful violations after the same hazards were found in a follow-up visit.

Additional violations led to the contractor's company being placed in the OSHA's Severe Violator Enforcement Program. According to Rosemarie Ohar Cole, OSHA area director for New Hampshire, the contractor knowingly and needlessly refused to follow basic safety procedures by not providing employees with legally required safety equipment, placing them at risk for serious injury or death.

In addition to a lack of fall protection, the contractor was cited for placing scaffolding too close to a live, 240-volt electrical line; providing inadequate scaffolding access; using ladders on top of scaffold platforms and failing to provide fall protection training.

Additionally, OSHA issued a willful violation with a proposed penalty of $70,000 after a Philadelphia-based construction company failed to provide fall protection for employees who were working at heights exceeding 25 feet.

The company's owner had been previously cited for safety violations relating to scaffolding and exposing employees to electric shock.

Companies failing to follow OSHA guidelines for scaffolding and other fall protection will be hit with increased fees in 2016. Companies failing to follow OSHA guidelines for scaffolding and other fall protection will be hit with increased fees in 2016.

Changes to fall protection
The fall protection standard remained OSHA's most frequently cited violation in 2015. In 2014, fall protection was also the most frequently occurring serious and willful violation.

As a result, OSHA may be making some changes to the standard in the near future. As Bloomberg BNA reported, OSHA had submitted a draft recommending revisions to workers' fall protection requirements, though that draft was withdrawn in late December before it could be reviewed by the White House's Office of Information and Regulatory Affairs.

"Violators should expect to see fines 80 percent higher than in 2015."

The proposed changes would have addressed walking and working surfaces and personal fall protection systems for construction and maritime workers. Though OSHA did not comment on why the draft was withdrawn, Bloomberg noted it's not uncommon for new regulations to face multiple revisions and it is likely the proposed changes will be resubmitted again soon. Speaking with Bloomberg BNA, OSHA spokesman Brian Hawthorne said the agency is committed to having the revision published in 2016.

Fine increases likely
As Smart Business reported, violators of the fall protection standard and other OSHA regulations should expect to see increased fines and longer, more thorough inspections in 2016. OSHA's new budget removed an exemption from the Federal Civil Penalties Inflation Adjustment Act of 1990 that had previously prevented OSHA from adjusting its fines to account for inflation. As of Aug. 1, 2016, violators should expect to see fines 80 percent higher than in 2015, with yearly adjustments for inflation to follow.

Under the new system, the maximum fine for non-serious violations will increase from $7,000 to $12,600. Serious violations will also carry a fine of $12,600 instead of $7,000, and willful and repeat violation fees will spike from $70,000 to $126,000.

Additionally, OSHA announced it will overhaul its inspection process to be more rigorous, meaning companies should expect to see increases of multiple violations.

According to Smart Business, industries with higher accident rates, including the construction industry, should expect to see more frequent and stringent inspections in 2016. Regions where violations are more common will also see increased OSHA attention.

Companies seeking to avoid increased fines during these more detailed inspections should review all safety regulations governing their industry and be sure to come into compliance. As Smart Business advised, analyzing industry trends and news will help companies to be aware of common OSHA violations, as well as frequent sources of injury specific to their sector. Safety procedures designed to address these common hazards can then be put in place.

Emergency Response, Fire Protection, New Technologies, Respiratory Protection, Training, Compliance & Certification

Evacuation procedures and respirator use crucial to fire safety

Owners of a Sabattus, Maine, warehouse are facing more than $15,000 in fines from the Occupational Safety and Health Administration following an explosive fire that leveled the facility.

One person was injured in the fire that destroyed the property, including more than $1 million worth of inventory, according to a report in the Portland Press Herald. The fire was started when an employee was welding from a bucket truck. A hydraulic line holding the bucket snapped, causing hydraulic fluid to spill and be ignited by welding sparks.

Following an investigation of the incident, OSHA determined the warehouse had multiple violations, mostly involving a lack of proper equipment and employee training. OSHA found the warehouse had failed to provide proper fire extinguishing equipment and respiratory protection and had failed to properly train a forklift operator.

Fire training requirements
OSHA requires employers to follow set fire safety guidelines, including informing all employees of exits and evacuations procedures. If employees are to be trained in extinguishing fires, the employer must provide the necessary equipment.

In a commentary for Safety + Health Magazine, Ryan O'Donnell, president of BullEx fire safety training program, added that these procedures are not one-size-fits all. Instead, employers must carefully consider the specific circumstances of their workplace, including where employees are located within the facility and what sorts of fire hazards they come into contact with. For example, the risk of electrical fires may facilitate the need for different safety training than a fire born from combustible materials such as wood or paper.

"Fire safety procedures are not one-size-fits all."

While not all employers are required to have an emergency action plan in place, some facilities, including those that store or handle dangerous or volatile chemicals, should. If a facility requires an emergency action plan, the plan must establish evacuation routes for all workers and a way to account for all employees during the urgent situation. If any employees are disabled or are required to stay behind to man safety equipment, their evacuation must also be accounted for in the emergency plan. Alarm systems must be installed in the facility and all employees must be trained on emergency procedures.

However, as O'Donnell noted, it's also important any evacuation or crisis management training be engaging for workers to maximize comprehension. A comprehensive plan should be geared toward all employees, from shop floor to front desk to cafeteria, O'Donnell advised, and should include specific procedures for each section of the business.

Respirator safety during fire
Respiratory protection programs are also critical for any large facilities that include fire prevention departments, as well as industrial hygiene, in-house medical or safety development departments. These programs must be administered by specialists, upper-level superintendents, foremen or other qualified personnel.

OSHA requires that respirator programs follow specific procedures for equipment selection, training, inspection, maintenance and storage. Workers using respirators will need to be medically tested and fit for the devices.

"Failing to select the appropriate respirator could lead to worker injury."

The type of respirator the employer will need to provide must also be determined based on the specific hazards at the site. This includes evaluating the chemical and physical properties of any contaminants, including toxicity and concentration. Respirator selection will also need to factor in the specific work conditions of the site, including the extent of potential hazards. Some respirators may also require employers to consider air supply factors, including the rate at which an individual employee breathes and how much purification is being required to keep that air safe. Failing to select the appropriate respirator could lead to worker injury or even death.

As Safety + Health reported, new trends in respirator technology can also provide additional safety in dangerous situations, including fires. Respirators with built-in tracking technology can help to account for or locate any missing fire department workers. Many units are also being manufactured with alarms that will indicate if a battery is low or a filter needs to be changed.

Respirator use and training are especially critical for avoiding OSHA fines, as respirator-related violations are one of the agency's most common citations. Many of these violations relate to failure to properly fit-test or select respirators or have an established written procedure for their use.

Gas Detection, New Technologies

Developments in gas detection technology enhance worker safety

One of the greatest hazards affecting the health and safety of industrial workers is toxic, flammable and explosive gasses.

As Safety + Health magazine reported, concern over worker exposure to toxic and carcinogenic gases and vapors has increased in recent years. For one, the American Conference of Governmental Industrial Hygienists reduced its recommended safety threshold for exposure to common industrial gases including hydrogen sulfide, sulfur dioxide and nitrogen dioxide, all of which can be toxic. Meanwhile, many companies began voluntarily implementing zero-tolerance policies for low-level exposure to combustible gases previously considered acceptable.

More emphasis has also been placed on the long-term effects of industrial gas exposure. For example, the American Cancer Society has found short-term exposure to gasses put off by the industrial chemical formaldehyde may cause headaches, watery eyes, nausea or skin irritation. While those symptoms alone facilitate the need for limited subjection to these gasses, an even bigger concern is that high or prolonged exposure to the chemical has been linked to cancer in some studies. The Occupational Safety and Health Administration has also tightened exposure limits on airborne concentrations of benzene in recent years due to its association with leukemia development.

However, simply increasing awareness of the risks of gas hazards isn't enough to eliminate the problem. Gas detection methods, once as simple as the proverbial canary in the coal mine, have evolved to meet increasingly strict standards for worker safety.

Apps and wireless technology can be used to monitor and communication information about hazardous gas concentrations, such as benzene levels near petroleum facilities. Apps and wireless technology can be used to monitor and communicate information about hazardous gas concentrations, such as benzene levels near petroleum facilities.

Advances in gas detection technology
As the International Safety Equipment Association advised, modern gas detection systems should combine localized sensor detection with networked monitoring and automatic response features, which may include visual or auditory alarms.

According to Occupation Health & Safety magazine, advances in gas detection systems are largely being driven by mobile apps and data collection.

"In the event of a gas leak, apps can detect wind direction and limit exposure."

Apps can be used to monitor environmental factors such as seismic activity and weather patterns that may compromise worker safety. In the event of a gas leak, climate apps can detect changes in gas levels as well as limit exposure by determining wind direction and humidity. Quick Response Codes, the two-dimensional barcodes read by mobile device operating systems, can be used to aid in tasks ranging from automatic calibration to worker training.

Data collection is also aiding worker safety by reducing human error and identifying gaps in safety procedures such as calibration or monitoring. Data culled from multiple companies can also guide OSHA and other safety organizations in crafting their guidelines.

Additionally, wireless detection units are allowing for real-time monitoring of gas levels. The units transmit environmental readings back to headquarters where they are monitored, allowing workers to be altered to any changes in their surroundings as well as potential dangers. Wireless systems can even be programmed to automatically alert emergency response personnel in the event of certain pre-determined situations.

Technology may also aid in compliance with proposed U.S. Environmental Protection Agency regulations. The EPA is advocating for mandatory benzene monitoring at petroleum refineries as part of an effort to reduce the risk of leukemia in surrounding communities.

The EPA test would require tube sampling in order to monitor benzene levels both in the facility and at fence-line. However, as Occupation Health & Safety magazine noted, wireless gas detection technology can provide continuous benzene monitoring that would not only comply with EPA requirements but also increase protection for both workers and nearby communities.

New Technologies, Respiratory Protection

OSHA citations underscore importance of respirator safety

The Occupational Safety and Health Administration fined a drilling technology company more than $2,000 in potential fines after a month-long investigation revealed workers had been exposed to chemical hazards.

OSHA began looking into operations at the facility after a large fire erupted in August with flames more than 100 feet high. During the blaze, a shelter-in-place warning was instituted in a 2-mile radius around the site, which is used in the production of sealants, shale inhibitors and lubricants for the oil industry.

While officials are still investigating the cause of the fire, the OSHA investigation concluded with $2,400 in citations against the company for safety violations predating the fire and relating to chemical exposure and improper care of respiratory protection equipment.

OSHA regulations require written statements from a doctor regarding an employee's ability to use a respirator. After employees have been examined and received doctor recommendations, companies are then required to provide each worker with a fitted respirator. Additionally, workers must be refitted for respirators every year.

According to the OSHA citations, the drilling company did not provide medical evaluations necessary to obtain doctor recommendations for respirator use. Additionally, the respirators that were provided to workers were not fit-tested and were actually a discontinued model.

Respirators are not one size fits all, and OSHA regulations require employees be fitted for respirators each year.Respirators are not one size fits all, and OSHA regulations require employees be fitted for respirators each year.

OSHA issues additional respirator-related citations
The federal agency also fined a New Jersey medical supply firm $181,500 in potential fines for violations including improper storage of respirators. As reported by Business Insurance, the New Jersey company was inspected as part of an OSHA initiative targeting industries with high injury and illness rates.

OSHA determined the medical supply firm had failed to properly protect workers against chemical or acidic hazards, and issued nine serious violations, one willful citation and 10 repeated violations.

Additionally, an Illinois-based roofing contractor and subcontractor are facing more than $70,000 in potential fees including serious violations for failing to provide respirator training and failure to fit-test respirators for employees working with asbestos hazards. According to the citations, workers were exposed to dry sweeping of dust and debris containing asbestos in concentrations that exceeded permissible exposure limits.

The importance of respirator safety
According to OSHA, there are an estimated 5 million U.S. workers required to wear respirators for protection against hazards including insufficient oxygen and harmful dusts or vapors. In addition to immediate dangers, the OSHA regulations are designed to protect workers against the long-term effects of inflation of hazardous materials, including cancer and other lung ailments.

As reported by International Safety and Hygiene News, OSHA fined employers $1,746,465 for respiratory protection violations in fiscal year 2013 for a total of 2,774 citations. The respiratory protection standard was the fourth-most frequently cited OSHA violation that year behind fall protection, hazard communication and scaffolding.

"The respiratory protection standard was the fourth most frequently cited OSHA violation."

According to a report from Safety + Health Magazine, new respiratory protection technologies are being advocated by safety experts as a way to increase compliance with OSHA regulations. These new technologies include rechargeable lithium-ion batteries, smaller circuit boards, increased fog resistance for face pieces and lightweight materials such as carbon fiber, all of which are intended to make respirators more effective, comfortable and user friendly.

The publication noted one common misstep for many organizations is failing to implement or enforce a written respiratory protection program, which can often lead to equipment misuse or neglect. According to a respiratory product manager who spoke with the magazine, companies often distribute respirators without having a training or fitting program in place, which results in OSHA violations as well as increased risk for employees. Respirators are not one size fits all, and failing to have the devices fitted to individual employees greatly reduces their effectiveness.

Failing to have respiratory equipment inspected can also lead to OSHA violations, Safety + Health reported. Experts speaking with the publication recommended companies enforce a regular service schedule to optimize equipment performance. These inspections will ensure respirators are properly fitted for employees and have the correct air source with air pressure and flow still meeting the manufacturer's specifications.

Midstream, New Technologies, News, Training, Compliance & Certification, US

EPA cracks down on vapor emissions controls

A Honolulu-based petroleum company is paying $650,000 in fines to the U.S. Environmental Protection Agency for violations of the Clean Air and Clean Water acts.

The Hawaiian company failed to install vapor controls that met EPA emission limits on its fuel storage terminals. Additionally, the company did not have adequate secondary spill containment for its fuel storage facilities. As part of its agreement with the EPA, the company will be be upgrading its spill containment measures at its facilities statewide at an estimated cost of $3.25 million.

Operations were shut down at one of the company's terminals and cannot be resumed until volatile organic compound vapor controls are installed and oil spill containment is improved, which will cost an estimated $900,000, according to the EPA.

The Clean Air Act requires vapor controls be installed on loading racks to limit VOC emissions, including benzene, an organic compound found in gasoline and classified as a carcinogen by the U.S. Department of Health and Human Services. The Honolulu-based company also violated Clean Water Act regulations, which require fuel storage facilities to have spill prevention to protect wetlands, streams, oceans, coral reefs and marine life.

Increase EPA regulation
As PennEnergy reported, the EPA has issued several new regulations for hydrocarbon production and storage facilities in recent years, in part due to the large scale of emissions leaks and ensuing pollution. As the publication reported, an estimated 26 billion cubic feet of methane escapes from storage tanks each year, in addition to carbon dioxide.

"An estimated 26 billion cubic feet of methane escapes from storage tanks each year."

The EPA first announced its New Source Performance Standards in 2012 as part of the Obama administration's Climate Action Plan, designed to reduce greenhouse gas and volatile organic compounds emissions from the oil and natural gas industry. According to the EPA, the industry is the largest industrial source of VOCs, capable of emitting an estimated 2.2 million tons a year.

In August 2015, the EPA updated the standard in an effort to reach the President's goal of a 40 to 45 percent reduction in oil and gas industry's methane emissions from 2012 levels by 2025. The EPA amended the NSPS to include regulation of equipment and emissions sources not previously covered by the NSPS hydraulically fractured oil wells and "downstream" covering equipment used in the natural gas transmission segment. The EPA estimated the new regulations would decrease methane emissions by 400,000 tons.

New technology improves compliance
The increased federal regulations have led to the development of new technologies designed to increase compliance, worker health and safety and environmental protections, including vapor recovery units. These ventilation units capture the emissions and separate the usable natural gas, which can then be sold by the company allowing for increased revenue in addition to improved environmental controls.

"VRUs are capable of capturing 95 percent of hydrocarbon emissions that build up in storage tanks."

A report from the EPA found VRUs are capable of capturing 95 percent of hydrocarbon emissions that build up in storage tanks. Once collected, these vapors can then be sold or used onsite. The organization estimates between 7,000 and 9,000 VRUs are currently in use in the oil production sector.

According to the EPA, companies with fixed roof storage tanks should measure the volume of vapor emissions in their tanks in order to install the correctly sized VRUs. The amount of emissions present in a tank will be controlled by several factors including operating pressure, the pressure in the tank, oil composition and ambient temperatures, all of which should be measured before installing the VRU. The EPA advised a general principle for sizing a VRU is to double the average daily volume of the tank, which should give an estimate of the maximum emissions rate.

VRUs will be effective in reducing methane emissions in all tanks, and depending on the value of the recovered emissions can be very cost effective, the EPA found. If natural gas liquids can be stripped from the vapors, these can be piped to processing plants and sold, helping to offset the cost of the VRU.

News, US

Seasonal Safety Tips – Staying safe this Thanksgiving

Family, food and fun are not the only things that come with the Thanksgiving holiday. It also brings with it certain health hazards, including food poisoning, fire, and choking.

According to the U.S. Fire Administration, the average number of cooking fires doubles during the holiday.

Ensure your smoke detectors work and check the batteries.

Stay in the kitchen when using the stove top.

Keep children away from the stove. They should be at least three feet away.

Use a timer and do kitchen checks when simmering, baking, broiling and roasting.

Avoid loose clothes, especially those with long sleeves, while cooking.

If a turkey is thawed at a temperature above 40 degrees Fahrenheit, salmonella or other bacteria that cause food poisoning can grow.
Safely cooking a turkey starts with correct defrosting. There are three methods for safe defrosting.

The turkey can be thawed in the refrigerator — one day for every 5 pounds of the bird. The turkey can be submerged in water if it is in leak-proof packaging — 30 minutes for every pound.

The water should be changed every half hour. It’s also safe to defrost a turkey in a microwave. Remove any packaging and follow the manufacturer’s instructions.

Cook the turkey immediately after thawing. Don’t slow cook or partially cook the turkey, and check the temperature with a meat thermometer to determine if it’s done. It’s necessary to check the innermost part of the thigh and wing, and the thickest part of the breast.

The turkey and stuffing need to be at least 165 degrees Fahrenheit.

The most common cause of choking is talking while eating. Follow the link to view the Red Cross’s recommendations on what to do if you encounter someone who is choking http://www.redcross.org/flash/brr/English-html/conscious-choking.asp 

Visit http://www.redcross.org for more Thanksgiving food and safety tips.

News, Specialized Safety Personnel, US

Workplace safety for older workers

The median age of all workers across every occupation in 2013 was 42.4 years old, according to the U.S. Bureau of Labor Statistics. Some fields reported younger ages than others. Some examples include emergency paramedics, where the median age was 34.6, whereas stationary engineers and boiler operators had a median age of 48.6.

Of course, the median number is only the halfway point in a set. There are plenty of workers who are younger and older. No matter their age, employers have to ensure the necessary safety precautions and emergency plans are in place in the event a dangerous situation arises. These plans can range from what to do if a worker is impaled while on the construction site, to how to perform CPR in the event someone suffers a sudden cardiac arrest.

That being said, some companies may also want to place a bigger focus on the safety of older workers. While they may not get injured as often, older employees will take longer to recover, particularly if the injuries are severe. With a solid framework in place, these types of accidents can be avoided.

“Some companies may also want to place a bigger focus on the safety of older workers.”

Importance of older workers
According to the U.S. Social Security Administration, the normal retirement age is 65 years old. However, that seemingly increases with each passing year as some individuals choose to stay in the workforce for a variety of reasons. These can stem from a fear of not knowing what to do in retirement, to not being financially secure enough to comfortably enjoy retirement. Whatever the case, there is no denying workers are staying on the job longer. In fact, the Bureau of Labor Statistics estimated that by 2020, one in four workers will be be 55 years or older.

Older workers have developed years of experience and can be relied upon by companies to help guide new and younger hires. This is important to note because certain tasks within a job may not be as easy to explain through a presentation as they would be if watching someone else. So organizations would be making a mistake if they were to ignore older workers and not properly adapt their work sites.

Aging employees and work sites
In many ways, changing a work site to better protect older employees actually provides benefits for everyone else. In a guest column for Business Insurance, Rick Goggins, an ergonomist with the Washington State Department of Labor and Industries, said trips, slips and falls deserve more attention. What may be a minor injury for a 30-something can cause more harm for a worker who is 55 or older.

To make work sites safer, executives can take a few actions. Remove any tripping hazards and clean up spills quickly to ensure no one gets hurt. Another option could be outfitting sites with new materials, such as nonskid floor surfaces.

Companies may also want to open up to allowing older workers some more freedom over their job. For example, executives can allow workers more lighting control, as Goggins stated older workers need more light because they’re more sensitive to glare. By enabling them to control the strength of lighting, they can find the perfect spot to work, see more clearly and avoid accidents.

“If an accident does occur, it does more harm to older workers.”

Safety moving forward
Older workers are less likely to be injured while on the job, according to Stephanie Goldberg of Business Insurance. That being said, workplaces shouldn’t ignore potential hazardous situations that can severely hurt an aging workforce, because if an accident does occur, it does more harm to older workers. In the middle of October, the National Institute for Occupational Safety and Health launched a new program designed to help workplaces optimize space for older employees, titled the National Center for Productive Aging and Work. In a statement, NIOSH director John Howard said this program will focus on the needs and challenges of those workers.

“Optimizing working conditions to match the reality that every worker is aging, from the first day on the job to the last, is essential,” added Howard.

News, US

Review of electronic recordkeeping underway

The U.S. Occupational Safety and Health Administration submitted a proposed rule to the Office of Information and Regulatory Affairs in early October. The rule, titled Improve Tracking of Workplace Injuries and Illnesses centers around electronic record keeping requirements. First hinted at in November 2013, the rule will be reviewed over the course of 90 days, although Safety+Health Magazine stated the deadline is often extended in these proceedings.

Record keeping is nothing new for employers. Every business collects data that, according to Safety+Health Magazine, is mostly not presented to the public. The information is used to help identify emerging trends and enhance injury prevention programs, for instance. OSHA’s rule proposal would seemingly change that, as employers would have to share the information on a regular basis. In addition, a public database would be available online for anyone to look up the records provided by a company.

In August 2014, OSHA issued a supplemental notice of proposed rulemaking that introduced some other changes. Among them were:

  • Employers must inform employees about their right to report any illnesses and injuries
  • Injury report has to be reasonable and not overly difficult
  • Employers are prohibited from reassigning to a lower position, reducing pay and firing employees in the event they file injury or illness reports

According to The National Law Review, the draft’s final rule indicates the rule is in its final stage. Once OIRA approves the ruling, OSHA will then issue the final rule to the Federal Register.

Impact on employers

Back in November 2014, Safety+Health Magazine said some concerns exist because of the new ruling. Specifically, there are worries when it comes to data accuracy and privacy. Due to the scope of the ruling and the amount of data that will have to be compiled into databases, there are even concerns over whether OSHA can handle the ruling.

For instance, the ruling will mandate that companies with more than 250 workers will have to electronically submit information about illnesses and injuries on a quarterly basis. Enterprises will be required to submit injuries at the company’s multiple worksites, as well as any other company’s that fall under the enterprise’s umbrella.

That being said, one organization, the American Industrial Hygiene Association is worried the new ruling will make OSHA more concerned with data management than with actual injury prevention. The AIHA is also concerned about the lack of resources for data collection, and whether some companies will even be able to afford it.

In an interview with Business Insurance, Eric Conn, chair on the Washington-based OSHA safety group, said he is skeptical of the ruling because it’s designed to embarrass employers.

Worries over privacy

A big worry stems from privacy concerns the public release of illness and injury data. This is not to say the information isn’t helpful – because it is. The concerns lie within OSHA’s ability to properly ensure the privacy of sick or injured workers. OSHA has stated it will essentially scrub all personal data from reports, but questions remain about the agency’s ability to sift through thousands of records.

Valerie Butera, a member with the labor firm Epstein Becker Green P.C., said in an interview with Business Insurance that OSHA is severely understaffed.

“There’s this threat of your employee’s privacy being breached. Businesses have to take more responsibility than OSHA is saying,” said Butera.

There are doubts the rule will be passed, even by those within OSHA. While designed with good intentions, there may be too many concerns to ensure the rule is properly enacted. Electronic logging of illness and injury information can help detect trends and let the public know about the safety of various industries. For now, however, there is a 90 day period to review the rule.

Uncategorized

Review of electronic recordkeeping underway

The U.S. Occupational Safety and Health Administration submitted a proposed rule to the Office of Information and Regulatory Affairs in early October. The rule, titled Improve Tracking of Workplace Injuries and Illnesses centers around electronic record keeping requirements. First hinted at in November 2013, the rule will be reviewed over the course of 90 days, although Safety+Health Magazine stated the deadline is often extended in these proceedings.

Record keeping is nothing new for employers. Every business collects data that, according to Safety+Health Magazine, is mostly not presented to the public. The information is used to help identify emerging trends and enhance injury prevention programs, for instance. OSHA's rule proposal would seemingly change that, as employers would have to share the information on a regular basis. In addition, a public database would be available online for anyone to look up the records provided by a company.

In August 2014, OSHA issued a supplemental notice of proposed rulemaking that introduced some other changes. Among them were:

  • Employers must inform employees about their right to report any illnesses and injuries
  • Injury report has to be reasonable and not overly difficult
  • Employers are prohibited from reassigning to a lower position, reducing pay and firing employees in the event they file injury or illness reports

According to The National Law Review, the draft's final rule indicates the rule is in its final stage. Once OIRA approves the ruling, OSHA will then issue the final rule to the Federal Register.

Impact on employers
Back in November 2014, Safety+Health Magazine said some concerns exist because of the new ruling. Specifically, there are worries when it comes to data accuracy and privacy. Due to the scope of the ruling and the amount of data that will have to be compiled into databases, there are even concerns over whether OSHA can handle the ruling.

For instance, the ruling will mandate that companies with more than 250 workers will have to electronically submit information about illnesses and injuries on a quarterly basis. Enterprises will be required to submit injuries at the company's multiple worksites, as well as any other company's that fall under the enterprise's umbrella.

That being said, one organization, the American Industrial Hygiene Association is worried the new ruling will make OSHA more concerned with data management than with actual injury prevention. The AIHA is also concerned about the lack of resources for data collection, and whether some companies will even be able to afford it.

In an interview with Business Insurance, Eric Conn, chair on the Washington-based OSHA safety group, said he is skeptical of the ruling because it's designed to embarrass employers.

Worries over privacy
A big worry stems from privacy concerns the public release of illness and injury data. This is not to say the information isn't helpful – because it is. The concerns lie within OSHA's ability to properly ensure the privacy of sick or injured workers. OSHA has stated it will essentially scrub all personal data from reports, but questions remain about the agency's ability to sift through thousands of records.

Valerie Butera, a member with the labor firm Epstein Becker Green P.C., said in an interview with Business Insurance that OSHA is severely understaffed.

"There's this threat of your employee's privacy being breached. Businesses have to take more responsibility than OSHA is saying," said Butera.

There are doubts the rule will be passed, even by those within OSHA. While designed with good intentions, there may be too many concerns to ensure the rule is properly enacted. Electronic logging of illness and injury information can help detect trends and let the public know about the safety of various industries. For now, however, there is a 90 day period to review the rule.

News, Training, Compliance & Certification

OSHA unveils new safety strategy

The beginning of October saw the U.S. Occupational Health and Safety Administration unveil a new inspection strategy. As a result, The National Law Review said the number of inspections at oil refineries and chemical plants will likely increase and other high-risk work sites. The new strategy will also incorporate inspections centering around ergonomics and workplace violence.

During the National Safety Council conference, held in the middle of September in Atlanta, OSHA chief Dr. David Michaels explained the reasoning behind the new inspections, saying resources will be better used on more meaningful matters.

“All inspections aren’t equal – some are more complex and require more time and resources – and many of those inspections have the greatest impact,” Michaels said during the conference, according to The NLR.

According to an official OSHA blog post from Dr. Michaels, the changes come after OSHA conducted 36,163 federal inspections and another 42,217 completed by state plans during fiscal year 2014. As a result, the new protocol will enable OSHA to give extra time to more complex and demanding inspections.

New measurement
As part of the new inspection strategy, OSHA is introducing the new Enforcement Weighting System and Enforcement Unit. Dr. Michaels explained that under the the new system, a routine inspection will count for one Enforcement Unit. The more complex inspections, the more Enforcement Units they will count for, with a maximum of eight. For example, a process safety management inspection may be valued at seven units. According to Dr. Michaels, the values were created based on historical data and will be adjusted if need be.

“Employers are able to spend more time and conduct thorough inspections.”

With the new system, enforcement personnel will be able to conduct those complicated inspections without fear of falling short of goals for individual inspections. Inspectors will likely be glad to know that telephone inquiries in relation to severe injury reports will also count as inspection units. Furthermore, the new strategy will not implement any type of quota, and Dr. Michaels stressed this point in his blog post.

The strategy had been approximately two years in the making. The initial pilot program was run in conjunction with the traditional inspecting counting program.

“I have long believed that we should not merely focus on the number of inspections that we conduct but also take into account their impact on improving health and safety,” said Dr. Michaels.

Impact on worksite and employers
As a result of the new inspection system, employers are able to spend more time and conduct thorough inspections to ensure nothing is overlooked. For dangerous work sites, the extra time can help prevent disaster and employee harm. The benefits outweigh the risks, even if inspections will require more time. Companies will be able to discover important details for potential work-related accidents. That information will go a long way toward preventing future accidents. The tiered system, even though it requires more time for complex inspections, will not take away from ones that can be conducted in a shorter time.

As always, companies should will want to follow OSHA guidelines created for their specific industry.