NSMS APRIL 2005 DIGESTnsms.us/wp-content/uploads/2013/02/2013-08-newsletter.pdf · NSMS SAFETY...
Transcript of NSMS APRIL 2005 DIGESTnsms.us/wp-content/uploads/2013/02/2013-08-newsletter.pdf · NSMS SAFETY...
August 2013
Table Of Contents
1. Welcoming Our New 2013 NSMS Members
2. Members’ Accomplishments and Special Recognitions
3. Important Reminder: Time to Renew Your “2013” NSMS Membership
4. Introducing the “new-look” NSMS Website!
5. Member Benefit: Online Certified Safety and Health Manager (CSHM) Educational and
Exam Preparation Reference Materials
6. College Outreach Initiative Launched
7. Workshop - “Enhancing Safety Management Skills, Knowledge & Abilities (SKAs): 2-Day
Professional Development Workshop”
8. The ISHM “Certified Safety and Health Manager” (CSHM) Accreditation Has Been
Achieved!
9. NSMS’ “Certified Safety Supervisor (CSS)” Credential Now Accepted Towards Associate
Safety Health Manager (ASHM) Qualification
10. ASSE Approves the CSHM Certification for Professional Membership
11. Senate Confirms Thomas Perez as Secretary of Labor
12. IMPACT: OSHA Strengthens Rules For ‘Model Workplace’ Program
13. OSHA Wants Ergonomic Conditions for Hospital Workers
14. Chemical Safety Board May Tell OSHA, Obama Administration, Off, Officially
15. OSHA Safety Regulations Demand Hazmat Training
16. Report: Too Many Workplace Injuries
17. What We Can Learn from the Virginia Tree Trimming Law
18. Managing the Rise of Baseless Whistleblower Retaliation Claims
19. Professional Development Insights: Tips on Turning Followers Into Leaders
20. That Bad Boss May Be Toxic to Your Family, Too
21. Labor Commissioner Berry Says NC Small Businesses Hurt By Some Federal Regulations
22. Fishing Fatalities Prompt Discussions on Safety
23. Lesson Learned: Arkansas Poultry Plant Cited For 11 Safety Violations
24. Lesson Learned: DOL Has Ordered Metropolitan Aviation To Reinstate Pilot And Pay
Damages
NSMS SAFETY DIGEST – August 2013
Welcoming Our New 2013 NSMS Members -
On behalf NSMS President Roosevelt, the NSMS Executive Committee and the NSMS Board
of Directors, we like to thank all members who have proactively renewed their 2012 National
Safety Management Society memberships. We would also like to acknowledge, recognize
and welcome the following new member(s) to our professional organization:
Julie Chapoton
Michael Harris
Katherine Jackson
Brandon Johnson
James A. Junkin
Jeffrey Loehr
Peter Marano
Francisco Petralba
Blaine T. Radenz
Mario Ramos
Juan Carlos Serrano
Anthony L. Smith
Thaddeus N. Walker
Justin Yates
Members’ Accomplishments and Special Recognitions –
NOTE: If any current or new NSMS member would like to share his/her special
accomplishments and/or recognition awards, please send those announcements to
[email protected] and we will gladly publish them and celebrate together! A photo is
optional.
New Certified Safety Technicians
Julie Chapoton, CST
Michael Harris, CST
Brandon Johnson, CST
Jeffrey LoehrD, CST
Peter Marano, CST
Francisco Petralba, CST
Blaine T. Radecstnz, CST
Mario Ramos, CST
Juan Carlos Serrano, CST
Anthony L. Smith, CST
Thaddeus N. Walker, CST
Justin Yates, CST
The twelve individuals listed above have recently completed the requirements for the
designation of Certified Safety Technician (CSP) issued by the National Safety Management
Society. This certification recognizes those who have attained a level of knowledge, training
and experience to demonstrate competency at the operational-level of safety and health
practice out in the field. Congratulations to these up and coming individuals on their
accomplishment. They have also completed the PEC “Battlefields to Oilfields” program.
Congratulations to Katherine Jackson and James Junkin for achieving the Certified Safety
Supervisor credential. This certification acknowledges and recognizes that they both
demonstrate the critical skills and abilities to effectively oversee worker/operational safety
and health in the field, as well as proficiency and competency in the handling of safety and
health oversight responsibilities. Well done!
Reminder: Not Too Late to Renew Your 2013 Membership to NSMS
Don’t forget to renew your membership with the National Safety Management Society
(NSMS). There’s still time before your access to our new website is restricted. We are
currently at 76% and we understand the current state of the economy has much to do with this
decision to defer membership. We hope all our past and prospective members will step up
and formalize your association with NSMS by going online to our website - http://nsms.us.
Thank you.
Check Out the “new-look” NSMS Website!
Besides a new look and feel, the website has been redesigned with the goal of making it more
user friendly. As time goes on, you will see new interactive features that current dues-paying
members can utilize, such as:
Member login and administration – members will be able to personally update their
information in the NSMS database whenever necessary
Member communication – The new website will enable NSMS send customized
emails and newsletters to our members.
Member Blog – With our new blog feature, we are looking for better member
networking and interaction.
Webinar hosting – As part of the website enhancement, NSMS will begin to host
quarterly webinars for its members free of charge. Non-members may participate for
a fee.
There are many other features, but these are just the highlights. We look forward to your
feedback and further suggestions to improve/expand the online features and services of our
website. Please take it for a test drive and let us know what you think!
FREE ACCESS: Online Certified Safety and Health Manager (CSHM)
Educational and Exam Preparation Reference Materials
As a benefit for our current and future dues-paying members, NSMS is permanently
offering free access to the Certified Safety and Health Manager (CSHM) preparation and
educational materials. The online resources, created by NSMS member Steve Geigle, can
be found at www.cshmprep.com and the only action an NSMS member needs to take is to
email Steve requesting access from that website. You will need to include your current
NSMS member number (found on your membership card and certificate). Once the
number is verified, you will be granted a username and password to access the online
reference materials. This is a great opportunity to brush up on your safety management and
technical knowledge and prepare for a successful passing of the CSHM certification
examination.
************************
ISHM Introduces a New Safety Practitioner Certification Program
The Institute for Safety and Health Management (ISHM) unveils the Certified Safety
Management Practitioner (CSMP) certification program with an opening grandfathering
period.
The Institute for Safety and Health Management (ISHM) is the premier credentialing
organization founded to promote the advancement of safety management through the
application of management principles and the integration of safety into all levels and activities
of the organization. ISHM, which administers the Certified Safety and Health Manager
(CSHM) certification and Associate Safety and Health Manager (ASHM) program, has
developed a new certification program to recognize safety practitioners whose duties include
performing occupational safety and health management activities either on a part-time or full-
time basis. This new certification is known as the Certified Safety Management Practitioner
(CSMP) program.
Many people enter the safety and health profession from a wide variety of backgrounds and
over time attain the skills necessary to become highly effective safety and health
practitioners. A CSMP might be an active safety team participant, line manager, human
resources professional or a wage associate. This new certification recognizes those who have
attained a level of knowledge, training, and experience to manage a safety and health
assignment competently and professionally.
Designed to recognize safety management professionals who have already demonstrated their
knowledge and experience in the field, the CSMP Grandfathering Program gives such
professionals the opportunity to certify without the exam requirement. This is a limited
program, as the Grandfathering Program will run from January 1, 2013 until December 31,
2013. After December 31, 2013, candidates must not only meet the education and experience
requirements, but must also take and pass the rigorous 2-hour professional certification
examination in order to become certified as a CSMP. All professionals seeking certification
through the Grandfathering Program are encouraged to start their application process as soon
as possible, so in case issues or questions arise, you will have enough time to address those
before the program expires.
The National Safety Management Society’s Certified Safety Supervisor (CSS) is recognized
by ISHM by providing credit toward the experience requirement to become certified. Those
holding the CSS need only have 3 years of qualifying experience to be eligible for the CSMP
Grandfathering Program.
To learn more about the new CSMP certification or the CSHM and ASHM programs, please
visit http://www.ISHM.org, email [email protected] or call (877) 201-4053.
ANNOUNCEMENT
WORKSHOP AVAILABILITY
NATIONAL SAFETY MANAGEMENT SOCIETY
“Enhancing Safety Management Skills, Knowledge & Abilities (SKAs): 2-Day Professional Development Workshop”
PLEASE NOTE: NSMS would like to offer this program at your location if a minimum
class size of twenty five (25) attendees can be registered. An individual who volunteers to
organize the group will receive have his/her registration fee waived.
This interdisciplinary workshop will enable safety professionals/managers to sharpen their
skills, knowledge and abilities in interacting with employees and company leadership. The
fee (early-bird, pre-registration payment) for NSMS members is $125 and $275 for non-
members and an on-site (or late) registration payment of $195 for NSMS members and $325
for non-members (includes lunches and program materials). With space available, college
students enrolled and majoring in this field of study are also invited to attend (NSMS Student
[Affiliate] Members’ workshop fee is $75).
*********************************
“Enhancing Safety Management SKAs: 2-Day Professional Development Workshop”
Instructor: Dr. Jeffrey Chung, CSHM CHFP – NSMS Executive Director
Day One – (subject to minor adjustments)
• Administrative Business, Introductions and Workshop Overview
• Safety Management Principles and Practices (Including Upcoming Fed-OSHA I2P2)
• Safety Attributes for Best-in-Class Organizations
• Emerging Safety and Health Issues – Aging Workforce, Distracted Driving, Mobile
Devices and Training Needs of Foreign/Newer Workers
• Psychology of Safety – A Behavior-based Approach; Human Performance
Improvement
• Developing Effective Training/Presentation Skills
• Role of Safety Committees; Conducting/Facilitating Effective Meetings
Day Two – (subject to minor adjustments)
• Occupational Safety and Health Auditing
• Accident Investigation Process
• Understanding Self/Others/Your Organization – SMART Profile
• Strategic Planning Concepts and Process
• Problem Solving and Analytical Tools
• Performance Metrics for Continuous Improvement
• Corporate Communication Strategies for Safety/Risk Management Professionals
• Ethics for the Safety Practitioner and Manager
• Stress and Health Management for the EH&S Professional
• Wrap-up and Workshop Evaluation
The ISHM “Certified Safety and Health Manager” (CSHM) Accreditation
Has Been Achieved!
The vision of our early NSMS founders to develop a safety management-focused credential to
recognize professional competence in safety leadership has culminated in the official
accreditation of the NSMS-created Certified Safety and Health Manager credential by the
Council on Engineering and Scientific Specialty Boards (CSEB). CESB is a self-sustaining,
independent body, which accredits certification programs organized and operated consistent
with sound credentialing practices tailored to the needs of engineering and technology
specialties. CESB is the recognized accreditation body for engineering and scientific
certification and specialty certification programs for professional credentials such as the
Board Certified Environmental Engineer, Certified Industrial Hygienist and Certified
Hazardous Materials Manager.
Our sister organization, the Institute for Safety and Health Management (ISHM) and its Board
of Directors deserve all the credit for their leadership, diligence, determination and
perseverance in marshalling this monumental effort to fruition. Our CSHM credential holders
deserve our gratitude for their patience as this initiative effort went through many trials and
tribulations over the years. The Institute for Safety and Health Management is the
credentialing organization, which administers the CSHM to recognize safety and risk
management professionals who, through demonstrated professional experience and the
passing of a comprehensive exam, have met ISHM's requirements for mastering the safety
management body of knowledge.
The CSHM credential recognizes safety and health professionals who demonstrate knowledge
of health and safety management skills and techniques through examination and experience.
The CSHM certification program promotes the integration and practice of safety management
principles throughout all levels and activities of an organization. In addition to technical
knowledge of safety and industrial hygiene, a successful safety and health manager must
possess working knowledge of a broad range of business and financial principles and an
understanding of related issues such as hazard analyses, accident/incident investigations,
safety audits/surveys, workers' compensation, risk management, product safety, human
factors, environmental laws, quality, and labor relations. The CSHM program is designed to
provide recognition of those who can apply such a broad range of health and safety
management tools. NSMS offers to be a resource and facilitator to help those interested in
pursuing such a certification.
To request a copy of the official “Program Accreditation Letter” and “Accreditation Action Report”
from the COUNCIL OF ENGINEERING AND SCIENTIFIC SPECIALTY BOARDS (CESB),
please email Larry Curtis at ISHM - [email protected]
NSMS’ “Certified Safety Supervisor (CSS)” Credential Now Accepted
Towards Associate Safety Health Manager (ASHM) Qualification
Associate Safety and Health Manager (ASHM) designation is intended to recognize those
individuals who possess some combination of formal training and experience listed below that
prepares them for safety and health management responsibilities. The ASHM serves to let
potential employers and current employers know that these individuals have been formally
educated to address workplace safety and health issues or are ready to step into entry-level
positions in safety management.
Individuals who receive the ASHM designation have a period of six years to pass the
accredited Certified Safety and Health Manager (CSHM) certification examination. The
ASHM designation will permanently expire six years after the date of issue or when replaced
by the CSHM designation, whichever comes first. For more information, please visit the
ISHM website: http://www.ishm.org/pages/associate.html
Upon completion of the application package, approval by the review committee, and payment
of the appropriate fees, a candidates who does not have a college degree, but is a holder of a
safety certificate recognized by the ISHM Board (http://www.ishm.org/pdf/certprograms.pdf),
plus nine years of qualifying work experience is eligible for the ASHM designation:
ASSE Approves the CSHM Certification for Professional Membership
The Institute for Safety and Health Management’s (ISHM) CSHM certification has been
approved as an option for professional membership in the ASSE. On June 3rd, The American
Society of Safety Engineers (ASSE) opened the Safety 2012 Exposition at the Colorado
Convention Center. The exposition, along with the annual conference, brings together
thousands of safety engineers and vendors from across the globe.
Many members of the ASSE are also certificate holders of the ISHM’s Certified Safety and
Health Manager (CSHM) and Associate Safety and Health Manager (ASHM) certifications.
Today, the ASSE and ISHM are pleased to announce that the ASSE has approved the ISHM’s
Certified Safety and Health Manager certification as an option for professional membership in
the ASSE.
The CSHM certification now joins the ranks of the Certified Safety Professional (CSP) and
Certified Industrial Hygienist (CIH) in achieving this prestigious status and recognition by the
ASSE. “We are delighted to be announcing this important development to the safety
engineering and health and safety professional communities,” reported Larry Curtis, CSHM,
Executive Director of ISHM. “This is big development that opens the door to ASSE
membership to all the health and safety professionals who have distinguished their
capabilities by obtaining the prestigious CSHM certification. CSHM applicants for the ASSE
membership will be required to demonstrate that they have met stringent educational and
experience requirements.”
For health and safety professionals, the CSHM certification is the only accredited certification
that focuses entirely on the safety management process. Human resources (HR) managers and
government agencies such as OSHA, EPA, Homeland Security, Army, Navy, Marines and
Coast Guard seek after CSHM designees.
*****************************
Senate Confirms Thomas Perez as Secretary of Labor (By Sandy Smith, EHS
Today – July 19, 2013)
The Senate voted 54-46 on July 18 to approve Thomas Perez to head the Department of Labor.
President Barack Obama, when announcing Thomas Perez as his pick to be the next Secretary
of Labor on March 18, called Perez a “consensus builder.” Perez finally got the consensus of
the Senate, who confirmed his nomination 4 months later, on July 18.
Perez comes to DOL from the Department of Justice, where he headed DOJ’s Civil Rights
Division. The son of Dominican immigrants, Perez is an attorney who helped pay his way
through college by working as a garbage collector, to the American people. Prior to joining
DOJ, Perez served as secretary for Maryland’s Department of Labor, Licensing and
Regulation, where he helped implement the country’s first statewide living-wage law.
Because, said President Obama, "He understood that a minimum wage should be a wage that
you can live on.”.
"His story reminds us of this country’s promise, that if you’re willing to work hard, it doesn’t
matter who you are, where you come from, what your last name is – you can make it if you
try," President Obama said. "And Tom has made protecting that promise – for everybody –
the cause of his life."
The Communications Workers of America commended the Senate for its confirmation of
Perez, calling him “a strong advocate for working Americans [who] will ensure that job safety
and health, wage and hour provisions and other safeguards for workers are enforced.”
Throughout his career in public service, whether at the U.S. Department of Justice or
Maryland’s Department of Labor, Licensing and Regulation, Perez has focused on protecting
Americans from discrimination in the workplace, in the voting booth and in their dealings
with financial institutions.
Ai-jen Poo, director of the National Domestic Workers Alliance and Co-director of the Caring
Across Generations campaign, commented, “Millions of domestic and in-home care workers
across the country applaud today’s confirmation of Tom Perez as the new Secretary of Labor.
Perez’s long history of championing the rights of workers, immigrants and people with
disabilities make him an ideal Labor Secretary in the face of comprehensive immigration
reform and shifting social and economic realities in America.”
Janet Murguía, president and CEO of NCLR (National Council of La Raza), said, “Perez’s
decades of service as an elected and appointed official have shown him to be a staunch
supporter of workers’ rights with the keen ability to build consensus among stakeholders. We
are confident that Perez has the unique expertise and leadership experience to successfully
oversee the work of the Department of Labor, which is especially important for struggling
Latinos who face high levels of unemployment.”
During his time at the DOJ’s Civil Rights Division, Perez defended military families and
victims of hate crimes; prioritized the enforcement of civil rights statutes such as the National
Voting Rights Act, Title IX and the Americans with Disabilities Act; and settled three of the
largest lending cases in the Fair Housing Act’s history.
IMPACT: OSHA Strengthens Rules For 'Model Workplace' Program (By Chris
Hamby, The Center for Public Integrity – July 12, 2013)
Companies participating in a federal program that rewards “model workplaces” with
exemptions from some safety inspections now will face automatic removal after work-related
deaths or particularly serious violations.
The new policy, issued by the Occupational Safety and Health Administration, comes after a
2011 Center for Public Integrity investigation found a significant number of deaths at these
sites that had resulted in few consequences for the companies involved, even after inspectors
found they were at fault. The workplaces often stayed in the program, remaining exempt from
regular OSHA inspections.
“We want to ensure that everyone in the program is really one of the best of the best,” Jordan
Barab, the agency’s second-in-command, said of the changes.
After the Center series two years ago, OSHA convened a task force to conduct a review of the
Voluntary Protection Programs, known as VPP. Last August, the task force issued a report
urging, among other things, an overhaul of how the agency responds to serious accidents at
sites in the program.
Now, that tougher stance is formal OSHA policy. Any work-related death will result in an
automatic notice of termination – a significant departure from the agency’s previous, ad hoc
approach. The most serious types of violations also will lead to automatic termination, even if
they were not uncovered during the investigation of a death. These include infractions deemed
“willful” – those in which the employer intentionally broke the rules or acted with “plain
indifference” toward them – and cases that would land a company in OSHA’s Severe Violator
Enforcement Program, which targets employers with a history of intentional or repeated
violations or a refusal to fix cited problems. The Center series identified a number of sites that
had committed such violations but were allowed to remain in the program.
Companies can appeal the termination notice, and, though the agency is willing to entertain
evidence that special circumstances may have been involved, Barab said, “The basic goal is to
put the burden on the company to show why they shouldn’t be terminated.”
The first site that will be evaluated under OSHA’s new policy is a chemical plant in
Magnolia, Ark., owned by Albemarle Corp., where a contract worker fell to his death in June,
Barab said. An enforcement inspection is ongoing at the site. As of July 11, the company still
was touting its VPP “Star” status on its website, despite a provision in the new policy that
places sites where a death has occurred on a sort of probationary status while the investigation
is ongoing. Such sites are not supposed to display the VPP flag or other paraphernalia – status
symbols within many industries.
A spokesperson for Albemarle would not comment on the investigation but said in a
statement, “We are firm believers in the principles behind OSHA's Voluntary Protection
Program.”
Another deadly accident at a “model workplace” just missed being covered by the new policy.
A fire at ExxonMobil’s oil refinery in Beaumont, Texas, in April injured 12 contract workers,
with two later succumbing to burns. OSHA is still investigating.
“We are fully supporting OSHA’s efforts to determine the root cause and ensure that a similar
incident does not occur again,” a spokesperson for ExxonMobil said in a statement.
The oil giant has a number of other VPP sites, including three more just in Beaumont. Barab
said a decision about whether to evaluate these sites as well had not been made.
Neither Albemarle nor ExxonMobil would say whether they believed their sites should
remain in VPP.
OSHA Wants Ergonomic Conditions for Hospital Workers (By Marv
Dumon, Business 2 Community – July 21, 2013)
A new campaign that focuses on using ergonomics to prevent injuries in the workplace is
being directed at healthcare workers, according to a July 18 release by the Occupational
Health and Safety Administration (OSHA). The agency said that healthcare workers,
especially those responsible for patient care, are more prone hazards that can lead to
musculoskeletal disorders than those in any other field.
Long-term care workers and those who work in nursing homes are among those in the highest
risk category for issues such as sprains and strains, as well as soft tissue and back injuries.
The campaign is targeting 2,500 healthcare organizations in the mid-Atlantic region, which
includes Delaware, Pennsylvania, West Virginia and Washington, D.C.
MaryAnn Garrahan, OSHA’s regional administrator in Philadelphia, said that the best way to
control these injuries is an efficient prevention program. “Our goal is to assist nursing homes
and long-term care facilities in promoting effective processes to prevent injuries,” said
Garrahan.
Participating agencies will receive information about how to control the risk of injury through
hazard prevention. For example, many healthcare workers have to lift excessive weight during
patient transfers and handling, and the campaign provides information about how healthcare
employers can include a patient handling program to prevent these injuries.
“Common examples of ergonomic risk factors are found in jobs requiring repetitive, forceful,
or prolonged exertions of the hands; frequent or heavy lifting, pushing, pulling, or carrying of
heavy objects; and prolonged awkward postures,” according to information published by the
U.S. Department of Labor. “Vibration and cold may add risk to these work conditions.”
“Ergonomics is the science of designing specific items, such as furniture, to comfortably
conform to the body and reduce the risk of injury from stress and strain,” according to
Ergonomic Office Designs, a California-based Internet retailer of user-friendly furniture.
“Long hours of office work can be stressful to the mind, but time spent at a desk does not
have to strain the body as well,” according to the company’s founders, who post videos on
YouTube to help employees reduce the risk of workplace injuries.
Watchdog group Public Citizen’s Congress Watch division released a report on July 17 that
pointed out that while healthcare workers are at a significantly higher risk for the
musculoskeletal disorders, the industry only receives a small percentage of attention from
OSHA when compared to other high-risk injuries. Workers in healthcare and social assistance
jobs suffered more than twice as many injuries as those working in construction in 2010, but
OSHA conducted nearly 20 times more inspections in construction workplaces than in
healthcare workplaces.
“The government has a legal duty to provide a safe workplace for every employee in the
country, but it isn’t fulfilling this duty for health care workers,” Keith Wrightson, Public
Citizen’s worker safety and health advocate, told Bloomberg. “OSHA has a variety of tools at
its disposal to hold employers accountable for safety and health, and we are committed to
improving safety and health conditions for our nation’s health care workers,” the
spokeswoman reportedly said.
Public Citizen’s report also points out that the lack of an OSHA-mandated ergonomic-related
standard can limit the agency’s power during inspections, and that while the agency did
launch a national ergonomics emphasis program for nursing homes and residential care last
year, it has since only issued seven citations for unsafe ergonomic conditions since October
2011.
Chemical Safety Board May Tell OSHA, Obama Administration, Off,
Officially (By Diana Wray, Houston Press – July 24, 2013)
We have all seen the video. We could not help watching it, how the flames were licking the
sides of the building, the smoke was coming out in plumes. We watched it, knowing what was
about to happen, but it still came as a surprise when the fireball erupted and the fertilizer plant
in that small North Texas town, West, actually exploded.
In the wake of the blast that killed 15 people and left half a town in ruins, it turned out the
fertilizer plant itself had been about as unregulated as a plant can get. Occupational
Health and Safety Administration investigators had not inspected the plant since 1985. The
Environmental Protection Agency had not been on the scene since 2006, when they issued a
$2,300 fine for the facility, leaving the place pretty well unregulated and overlooked.
Well, that was all fine and dandy until the whole place ignited. The U.S. Chemical Safety
Board tried to investigate the site in the days after the explosion, but investigators were shut
out by the Justice Department's Alcohol, Tobacco and Firearms investigators and the State
Fire Marshal's Office, who pretty much destroyed the investigation site, according to CSB
investigators.
The CSB is not what you would call a powerful agency. Created in the 1990s, the agency was
given the power to investigate, but they cannot issue fines or citations or even collect
evidence from investigation sites. Their investigations can still pack a punch -- the report from
the British Petroleum Texas City explosion resulted in a $150 million fine for BP - and then
there is the fact that the board can issue rebukes. This week, the agency might actually take its
power to publicly disapprove and use it.
Over the past decade, CSB investigators have advised numerous changes be made to
strengthen OSHA and other regulatory agencies with power over the massive U.S. chemical
industry, but none of the recommendations were ever put in place. As the cleanup
continues, the CSB is getting ready to hold their annual meeting, and the agency is
considering issuing a rebuke on the failure of OSHA, in particular, and the Obama
administration in general, to make changes that could have averted this and other disasters, or
to do anything to make sure it does not happen again.
The independent investigative agency will consider labeling OSHA's failure to act on seven
recommended moves in the past decade "unacceptable," according to Bloomberg. Despite
being decidedly less than powerful, the agency does have the ability to highlight the lack of
action. (Remember how all those parents started writing Facebook posts about how bad their
children had been and how they were so very publicly being punished? It's kind of the
government entity equivalent of that.)
And it's worth doing, from the CSB standpoint, because West was likely only a symptom of
the regulatory problem. The official scolding, if it gets issued, will be aimed at the lack of
safety adjustments made in chemical plants, refineries and sugar plants, Bloomberg reports.
(Yeah, it turns out sugar plants are a source of concern because the dust in the plants is
combustible, which is alarming for all kinds of reasons.)
The issue with that combustible dust comes from an explosion in 2003 that killed 14. The
ammonium nitrate that fueled the explosion in West isn't on the list of things the CSB will
push to get better regulated next week, though the patchwork regulation taking care of it for
now has plenty of holes, Hillary Cohen, an spokeswoman for the board, told Bloomberg.
West isn't actually on the list of things to be dealt with because the investigation into the fire
is ongoing, but the explosion put the entire regulatory system under the microscope where it's
pretty difficult to ignore the regulatory holes that allowed West and other disasters to happen.
Will said potential rebuke have any real impact? Who knows, but it seems like saying
something is better than saying nothing at all. We will just have to wait and see if the folks
over at CSB agree.
OSHA Safety Regulations Demand Hazmat Training (By Robert P. Mark,
AINonline/Ainsafety – July 29, 2013)
Thousands of flight department employees, such as aircraft maintenance technicians, will be
required by December 1 to take U.S. government-mandated hazardous material (hazmat)
training to help them identify and protect themselves against potentially hazardous materials
and situations.
The new OSHA regulations are designed to align U.S. practices with the United Nations’
globally harmonized system of classification and labeling of chemicals. In the universal
system, for example, a signal word–such as “Danger” for more severe hazards, or “Warning”
for less severe threats–is used on labels, along with a variety of pictograms and hazard
statements describing the nature of the hazards. Labeling of hazardous materials must also
include first-aid measures to cope with a spill should one occur, as well as contact information
for the chemical’s manufacturer.
Report: Too Many Workplace Injuries (By Peter Hirschfeld, Rutland-Herald
Vermont Press Bureau – June 23, 2013)
State Auditor Doug Hoffer says Vermont is not doing enough to prevent the workplace
injuries that have cost taxpayers nearly $40 million over the past five years. A 55-page audit
unveiled by Hoffer’s office on Monday details a host of shortcomings at the Office of State
Employee Workers’ Compensation and Injury Prevention, the 15-person shop that oversees
workers’ comp issues for the more than 6,000 state workers.
From poor record collecting to a failure to review the underlying causes of many workers’
comp claims, Hoffer said the state is squandering opportunities to minimize injuries that
expose taxpayers to medical costs and employee compensation. “State government’s most
important asset is its workers, and they deserve a safe workplace,” Hoffer said. “In addition,
taxpayers have a right to expect the state to make the investments necessary to reduce
workforce injuries and related costs.”
Hoffer blamed understaffing at the Workers’ Compensation and Injury Prevention office for a
flawed system in which as many as a quarter of claims never get sufficient review. Even when
cases are reviewed, and recommendations made to prevent the recurrence of similar injuries,
Hoffer said, only about two-thirds of those plans are fully implemented by the departments at
which they are directed.
One likely reason for the problem, he said, is “ineffectual communication” between the
workers’ comp office and the departments in which incidents actually occurred.
Recommendations for workplace improvements, according to the audit, are often sent to the
Department of Human Resources. However, Hoffer said those reports do not always find their
way to the shop managers who would be able to install the proposed fixes.
“Nearly every incident represents an opportunity to implement a safer work environment and
reduce claims,” the audit found. “The results of the statistical sample indicate that (the Office
of State Employee Workers’ Compensation and Injury Prevention) is missing significant
opportunities to identify and recommend safety fixes.”
Secretary of Administration Jeb Spaulding said he appreciates Hoffer’s report and mostly
agrees with its findings. He said the audit has already spawned overdue reforms, including
heightened internal controls over access to sensitive data. “I think we run a good program in
our workers’ comp office, but there’s always room for improvement,” Spaulding said.
The audit found that six government entities — the Agency of Transportation, Department of
Corrections, Vermont Veterans’ Home, Department of Buildings and General Services,
Department of Public Safety and the now-closed Vermont State Hospital — accounted for
more than three-quarters of the 4,825 workers’ comp incidents reported between fiscal years
2008 and 2012.
Hoffer said the costs associated with workplace improvements are a primary barrier to their
implementation. He said those up-front costs, however, will yield future savings on payroll
expenses. The Workers’ Compensation and Injury Prevention office “appears to be
hamstrung by limited resources,” Hoffer said. “As we know, prudent investments in
prevention pay dividends over time, both for employees and the employer.” Hoffer said
adding more safety coordinators would be a good first step. The state workers’ comp office
currently employs only two coordinators, half the number it had in 2010 and a quarter the
staffing level recommended in a 2003 loss prevention study conducted by an outside
consultant.
Spaulding said the state will consider beefing up staffing and will conduct a cost-benefit
analysis before deciding whether to do so. Hoffer said the state also needs to improve vastly
its record-keeping system, flaws in which prevented his office from getting baseline data on
the types of injuries most responsible for workers’ comp costs.
Hoffer said a lack of internal controls has also heightened the risk for abuse or fraud. At the
time the audit was conducted, more than a quarter of the 46 people authorized to use the
database had “unfettered access” to every aspect of the system — access Hoffer said could
abet malfeasance by people looking to conceal fraudulent claims. Hoffer said his audit did not
examine the system for evidence of abuse or fraud.
According to the audit, 10 contractors had been granted the ability to authorize individual
payments and claim reserve amounts of up to $1 million. The program’s manager has since
restricted access levels for many of the people on the system, but Hoffer said the potential for
problems persists.
“The weak system access controls coupled with the lack of compensating controls means that
WCP is at high risk that inappropriate actions (intentionally or unintentionally) could be taken
by users,” the audit said.
Hoffer said lawmakers might want to consider undoing a state law that imposes a hard cap on
safety-related expenditures. The law limits investments in prevention to no more than 6
percent of annual workers’ comp claims, or about $480,000 annually, based on a rolling
average of claims over the past five years.
Hoffer said workers’ comp protocols differ state to state, making it difficult to see how
Vermont’s expenses compare with other jurisdictions.
What We Can Learn from the Virginia Tree Trimming Law (By Green
Industry Pros.com- July 15, 2013)
The following are insights from John Meola, CSP, ARM, a safety consultant with Invincia Insurancein
Richmond, VA.
The Virginia Occupational Safety and Health Department has created one standard for tree
trimming safety, while identifying best practices and simplifying training in the process.
In March 2011, the Virginia Occupational Safety and Health Department (VOSH) adopted a
new safety regulation called the Tree Trimming Standard. This new safety standard was
developed in response to a growing number of fatalities in the Commonwealth among tree
trimmers, arborists and landscapers trying their hand at tree work. The new standard took
about three years to develop and was a cooperative venture with the Tree Care Industry
Association (TCIA) and several Virginia tree service contractors.
VOSH is a state plan, which means that it operates much the same as OSHA does on a federal
level, provided that it equals or exceeds OSHA’s standards. Under the state plan provisions,
VOSH can develop new safety standards as it sees fit. In this case, the VOSH safety
regulators probably grew weary of attending coroners' inquests for all of the fatalities, and
decided that enough was enough.
Components of the Standard. The Tree Trimming Standard is a fairly straightforward
recitation of accepted safety practices associated with the residential and commercial tree
work industry. It was written so as not to conflict with the existing Logging and Land
Clearing Standards. Among its major sections:
Overhead electric line clearance
Climbing, limbing, directional felling
Use of bucket trucks, aerial lifts, ladders
Fall protection and prevention
Chainsaw safety
Chippers and stump grinders
Vehicle and equipment safety
Traffic and pedestrian controls
PPE, worker health
Safety and operator training requirements
Training and compliance. VOSH has made this tree-trimming standard an industry-specific
regulation, and has included safety practices for most common tasks under one heading.
Included in their list of free web-posted documents are bi-lingual training materials, quick
information cards, attendance sheets, and certificates of course completion. (Access the full
library.)
In the context of a safety standard, this regulation should be viewed as the gold standard for
tree trimmers. It addresses all of the typical risks and hazards the industry must deal with,
under one heading. It also tries to make compliance easier; the training links are all included
in the standard, in English and Spanish, thus removing one of the traditional excuses for not
doing the training.
Best practices are applicable to anybody, anywhere
While the new standard is an enforceable safety law in Virginia, we can all learn from it,
under the heading of Best Practices. Good safety management would recognize that the
absence of a safety regulation in another state does not translate into the non-existence of a
hazard. A chipper or stump grinder in Oklahoma is no less hazardous than one in Virginia.
Hence, it makes sense to at least review the applicable safety practices and adopt them—
usually through a mix of safety training, jobsite controls, and safety leadership from top
management.
One approach to learning from the VOSH standard is to select the sections of the law that
apply to your organization, and get them in front of your crews at a safety meeting. Be sure to
ask for their comments. Very often, employees will make some surprisingly insightful
comments.
A couple of elements in particular are universally applicable:
Reverse Signal. The insurance industry lists backing accidents as the No. 2 most common
motor vehicle accident (No. 1 is following too close/rear-end collisions). Backing accidents
with box trucks towing a chipper can be serious. When there are boots on the ground, they can
also be fatal. For this reason, VOSH has included their Reverse Signal standard into the Tree
Trimming regulation, and requires a spotter or for the driver to get out and look before
backing.
Traffic Control. The same logic applies to the Traffic Control requirement, which is in play
anytime work will be done on or around traveled roads. Best Practices tell us to adopt the
same logic for parking lots, private areas, residential complexes, etc. Signs, cone spotters and
flaggers are included in this part of the standard. Highway work-zone accidents cannot only
result inWorkers Comp losses, but now there is the third-party loss to contend with as well.
You must invest in safety
These preventive measures are fairly straightforward. Most are not particularly costly either.
We should ask ourselves if we plan to be in this business three to five years from now, and if
we are, then we should be making the investment in safety. And the VOSHTree
Trimming Standard is a good place to begin.
Managing the Rise of Baseless Whistleblower Retaliation Claims (By Richard
D. Alaniz, AccountingWeb.com – July 12, 2013)
In fiscal 2012, the US Department of Labor's Occupational Safety and Health Administration
(OSHA) reported that employees filed almost 2,787 whistleblower retaliation claims. This
number has been on the rise over the past few years, up from less than 2,200 in fiscal 2009.
OSHA frequently trumpets its successes in these cases; for example, it issued a press release
earlier this year after a signalman with Chicago's Metra commuter railroad line was awarded
$38,080 for overtime, interest, compensatory damages, and attorney's fees.
"An employer does not have the right to retaliate against employees who report safety issues,"
said Nick Walters, OSHA's regional administrator in Chicago, in a press release. "When
employees can't report safety concerns on the job without fear of retaliation, worker safety
and, in this case, passenger safety on Metra, becomes a serious concern."
What Walters did not say in the press release – what OSHA hardly ever says except in the
"Statistics" section of its website – is that this type of finding is the exception, not the rule. In
fact, according to OSHA's own statistics, a mere 2 percent of claims were found to merit
agency action.
Despite the fact that only 45 of the 2,787 cases fall into the "merit" category (1,665 were
dismissed, 565 were withdrawn, and 592 were settled), employers still must spend a great deal
of time and money fighting these types of claims before they are withdrawn or dismissed.
In order to properly respond to meritless whistleblower retaliation claims, companies need to
understand trends and developments in this area. They must also know how to respond if one
of their employees claims retaliation.
OSHA and Whistleblower Laws
According to the Occupational Safety and Health Act of 1970 (OSH Act), employers must
provide a "safe and healthful workplace." Along with the OSH Act, Congress has expanded
OSHA's whistleblower authority to protect workers from discrimination under twenty-one
different federal laws.
According to OSHA, possible retaliations of employees can include:
Applying or issuing a policy which provides for an unfavorable personnel action due
to activity protected by a whistleblower law enforced by OSHA
Blacklisting
Demoting
Denying overtime or promotions
Disciplining
Denying benefits
Failing to hire or rehire
Firing or laying off
Intimidation
Making threats
Reassignment to a less desirable position, including one adversely affecting prospects
for promotion
Reducing pay or hours
Suspension
Once an employee files a retaliation complaint, OSHA will launch an investigation. In order
to prove that retaliation took place, OSHA must determine that the employee engaged in
protected activity; the employer knew about or suspected the protected activity; the employer
took an adverse action; and the protected activity motivated or contributed to the adverse
action.
If the "evidence supports the employee's allegation," and the parties do not settle, the agency
will usually issue an order requiring that the employee be reinstated, back wages paid,
benefits restored, and other possible remedies "to make the employee whole." Employers may
contest the order.
Under some of the laws OSHA enforces, companies must immediately comply with the
reinstatement order. When employees bring cases under the OSH Act, the Asbestos Hazard
Emergency Response Act, or the International Safe Container Act, the Secretary of Labor will
file a lawsuit in federal district court to obtain relief.
Changing Whistleblower Protections
OSHA's whistleblower programs have come under fire recently. In 2012, following reports by
the Government Accountability Office that found problems with transparency, accountability,
training, internal communications, and audits, OSHA made some dramatic changes. Those
included restructuring the whistleblower program and reworking program policy, training,
and internal systems.
The Department of Labor has also established the Whistleblower Protection Advisory
Committee to advise and make recommendations to the Secretary of Labor and the Assistant
Secretary of Labor for Occupational Safety and Health on ways to improve the fairness,
efficiency, effectiveness, and transparency of OSHA's administration of whistleblower
protections.
The committee, which first met in January, is supposed to provide insights from both
employers and employees. "Protecting workers who identify wrongdoing is an essential
cornerstone of the US Department of Labor's worker protection enforcement efforts," said
then-Secretary of Labor Hilda L. Solis last December when committee members were named.
"The members of the whistleblower committee, who represent the interests of labor,
management, and the public, will utilize their expertise to provide valuable advice and
recommendations to help OSHA strengthen and improve our whistleblower protection
program."
Next Steps
For employers, the rise of meritless whistleblower retaliation claims represents a worrisome
trend from a legal, cost, and reputational standpoint. Responding to these types of claims is
time consuming and often stressful. Companies that find themselves accused of retaliating
against whistleblowers can face devastating PR.
A proactive approach to avoiding these types of claims, and a swift response if they are filed,
is the best way to minimize or entirely avoid issues.
Review existing whistleblower policies. Companies should consider OSHA's
renewed emphasis on whistleblowing a wake-up call. Companies should review their
existing whistleblowing policies and update them wherever necessary.
Develop a multidisciplinary approach. Whistleblowing claims touch on a number of
different functions, including Legal, HR, and Compliance. Representative from these
groups should meet regularly to review whistleblower claims, share information and
provide feedback to each other.
Depersonalize the process. When hit with a whistleblower claim, companies should
have two separate sets of priorities – delving into the claim itself and ensuring that the
employee blowing the whistle does not suffer retaliation.
Since whistleblower claims often take on a personal nature for employees and managers,
creating a layer between the complainant and direct supervisors may actually help companies
respond faster and keep things professional.
If companies do not allow anonymous reporting of claims, they should implement such a
process immediately. It could be as simple as an old-fashioned suggestion box, where
employees can leave notes. For other organizations, setting up an 800 number, allowing
employees to send anonymous e-mails, or allowing complaints to be filed on the corporate
intranet may encourage more responses.
Large companies, or companies in industries that tend to get large numbers of complaints,
may want to consider hiring a third party to receive and investigate claims. This can help
minimize any real or perceived attempts at retaliation.
Companies that specialize in this type of work should also be able to provide invaluable
insights into the latest tools, trends, and regulations around whistleblower issues and potential
trouble spots for retaliation.
Respond promptly and leave a paper trail
Once the company becomes aware of an employee's identity as a whistleblower, it needs to
take immediate action to ensure that the whistleblower is not retaliated against. This means
that the whistleblower is not treated any differently than before the claim, or less favorably
than coworkers in similar positions.
If an employee needs to be disciplined for violating company rules or procedures that lead to
an injury or illness, managers need to tread carefully. Involving HR, the legal department, or
outside counsel immediately can help ensure that all disciplinary actions are appropriate and
well documented.
Documentation becomes even more important when whistleblowers face disciplinary or other
actions not related to their claim. For example, a whistleblower may be part of an entire
department that has its hours cut or may be docked in pay for chronic tardiness. In these types
of situations, the company must be careful to ensure that the whistleblower is not treated
differently than anyone else in the identical or similar situation. Supervisors must also be sure
to create a record of events that led to the action. A whistleblower who has already filed some
type of claim against the company may be more willing to do so again, or may claim
retaliation where none exists.
Regardless of the situation, managers and supervisors need to carefully document every action
they take as well as explain why particular actions are taken. This will help employees
understand why they were disciplined. It will also help the company prove its case to OSHA
or the courts if the employees attempt to claim they were retaliated against.
Even though a disturbingly large number of whistleblower retaliation claims have no basis,
companies can pay a huge price when one is filed. Being proactive and prepared can
minimize the fallout.
Professional Development Insights: Tips on Turning Followers Into
Leaders (The Presentation Excellence Group – June 10, 2013)
Turning followers into leaders is not easy. An entire culture needs to change and the process
requires attention to detail so there are neither gaps nor slippage. Imagine doing so for an
organization in which the Command-Follower culture has been ingrained for centuries. Now,
imagine doing so in a confined environment, where the risks of even temporary failure can be
fatal.
Turn the Ship Around is the story of (Retired) U.S. Navy Captain L David Marquet’s effort to
change the command-follower structure within his nuclear submarine, the Santa Fe, into one
which creates leader-leader relationships at all levels. Why did he decide that the leadership
model needed to be changed? One day, he gave an impossible-to-fulfill order to a Lieutenant,
who then relayed it to the helmsman to act upon – who simply froze. Learning that the order
was impossible, he asked why his Lieutenant relayed the order and he responded, “because
you told me what to do” – in other words, I obey commands.
In a culture where sailors are taught to do “whatever command-leaders tell me to do”,
significant change –changing this DNA – requires meaningful, symbolic small changes in
communication and interpersonal relations that constantly are reinforced. The book describes
steps taken to change the leadership culture – shifting who has control, increasing everyone’s
competence, and developing greater clarity in communications. The results: the Santa Fe went
from being one of the worst ships in the fleet to one of the best. Moreover, it produced a
disproportionately larger number of future captains than other ships. A few of these changes
include:
Reducing command control by empowering subordinates to “own” their actions.
Instead of a leader telling others on what to do, each crewmember was encouraged to
stop being a passive follower and become an active participant working with his
leader. This meant changing the language from “disempowered phrases” that passive
followers us, like “Request permission to…” or “Do you think I should..” to “ I intend
to..” or “I plan to..” and then receive the leader’s agreement such as, “Very well” or
“Good idea.”
Create greater competence and accountability through “deliberate action”. Marquet
understood that “mistakes just happen” often, describes situations in which people act
automatically when attention to detail would have demanded a different action. In
other words, the error is not one on knowledge of skill, but rather concentration. For
instance, when a person is already thinking of the next step in a process, they may
make an error in the current step. The solution was getting people to take deliberate
action: get each operator to pause and vocalize before taking the action. This allowed
him to confirm his level of competence in the action and allowed adjacent operators to
step in and correct mistaken actions before they are taken – thus reducing the chance
of error. The value of this came during an inspection where the Santa Fee received the
highest grade ever and the inspector noted “crew members tried to make the same
number of mistakes as everyone else; but the mistakes never happened because
deliberate action led the operator or a teammate to correct the behavior.”
Don’t brief, certify. When a leader briefs his people on what they should do, it’s a
passive activity in which the expectation is that “because I said it, you should now
know it”, but no-one knows. All too often people walk away without a full
understanding. This can be especially dangerous in a nuclear submarine! Therefore,
before an operation could be implemented, crewmembers attended a
certification session where they had to answer key questions to prove they understood.
This shifts responsibility to the listener.
Recognize the need for a matching set of changes by the leader. To empower the
crewmembers, the leader has to resist the urge to provide solutions or else members
will not have the space to acquire and practice open decision-making.
Continually and consistently, repeat your messages of empowerment. To change a
culture in which people have been often blindly following leaders, you need to
reinforce the messages over and over. Indeed one mechanism that reinforces this is to
create peer-to-peer systems, which the members can use to monitor people’s actions,
instead of using traditional top-down evaluation systems.
That Bad Boss May Be Toxic to Your Family, Too (By Lisa Esposito, Philly.com
– July 9, 2013)
When workplace stress spills over into your personal life, your family's well-being can also suffer, new
evidence suggests.
A recent conference on work, stress and health, sponsored in part by the U.S. National
Institute for Occupational Safety and Health, included research on family-supportive
workplaces and the influence of supervisors -- good or bad -- on employee health. "Survey
results vary, but you can find that large numbers of individuals report that work is the biggest
source of stress in their life," said Michael Ford, an assistant professor of psychology at the
University at Albany-State University of New York. "At the same time, everybody has a life
outside of work," Ford said. "So we need to continue to understand how this affects the
psychological and physical well-being of the population as well. I think it's something that a
lot of people can relate to."
Another presenter at the Los Angeles conference explained that when it comes to work-
related stress, health consequences are wide-ranging. Leslie Hammer is a professor of
psychology at Portland State University in Oregon, and director of the Center for Work --
Family Stress, Safety and Health. "With high levels of job stress and work-life stress, we see
mental health problems," Hammer said. "We see increased levels of depressive symptoms.
We also see increased levels of negative health outcomes. Cardiovascular disease has been a
clear link with job strain. We see obesity problems. We see general physical health
complaints." Positive health behaviors can fall by the wayside, she added. "When people are
stressed at work, when their supervisors are really not supportive around work-life issues, we
are seeing more negative health behaviors in the sense of poor food choices, lower levels of
exercise, poor sleep hygiene," Hammer said.
Work stress takes a toll on relationships as well. "Marriage quality is definitely impacted,"
Hammer said. "That relationship quality goes down. When one experiences negative
stress/strain, work-life stress that ends up crossing over to their partner or spouse or children,
and it results in similar stress and strain among those family members." In Ford's study
comparing American and Chinese workplaces, he found that people in supportive work
environments tend, in turn, to be more supportive of their spouses. Hammer said, "In the
research literature there's correlational evidence that when parents are more stressed, kids are
more stressed. Kids experience that stress, and it comes out in terms of health compliance, it
comes out in terms of behavioral difficulties."
Managers and supervisors are a primary source of work support -- or work stress. "Lack of
support or abusiveness of the supervisor can spill over into home life, both in terms of the
time and energy that it takes away from people, but also if it affects their mood," Ford said.
"That can, of course, potentially affect the life of your family members." What separates good
and bad supervisors? An unsupportive manager, Hammer said, "will have a complete
disregard for workers' own non-work needs." "Sometimes bad bosses post schedules at the
last minute so that people who have family responsibilities or non-work responsibilities --
anything, not just family -- have to readjust their whole non-work lives around their work
schedules," she said. "When supervisors basically don't allow for schedule control and control
over work that leads to high levels of stress."
Hammer and colleague Ellen Kossek at Michigan State University train supervisors to be
more family-supportive and are completing large-scale research on the training's effects.
"First of all, training focuses on providing emotional support," Hammer said. "Teaching
supervisors [that] simply listening to your employees and paying attention and showing that
you care is incredibly helpful. It's not rocket science, but what we find is many supervisors
don't do these things." The training starts with a workforce survey, which usually reveals a
disconnect: When it comes to work-family conflict, managers tend to think they are more
supportive than workers perceive them to be. Supervisors can contribute to a healthier
atmosphere by demonstrating their own work-life balance "in the sense that they are taking
care of their own work, life and family integration and that, for example, they take time off to
go to their kid's basketball or baseball game," Hammer said. One challenge is convincing
organizations that being family-supportive means the work still gets done.
"Employers are paying for health care and employers are taking a hit when workers are
absent, and what we see are higher levels of stress related to higher levels of absenteeism and
higher levels of health complaints and health problems," Hammer said. "Employers can be
paying attention and understanding what they can do to help alleviate that stress. It will help
their bottom line as well as help employees' health and well-being outcomes."
Labor Commissioner Berry Says NC Small Businesses Hurt By Some
Federal Regulations (By Laura Finaldi, NewsObserver.com – July 29, 2013)
Regulations proposed by government agencies pose huge time, labor and financial challenges
to small businesses that could prevent them from hiring workers, Labor Commissioner Cherie
Berry said Monday. At a press conference at L.G. Jordan Oil in Apex, Berry discussed the
implications of existing and proposed federal regulations on the state’s small businesses,
specifically those from the Occupational Safety and Health Administration.
OSHA is responsible for adopting and enforcing rules designed to ensure safe working
conditions, and the agency requires states to do inspections and hold safety training and
education programs. Berry, a Republican, said the agency has become too focused on
violations.
“We were all concentrating on education and training because we believe that’s the way to
have a safe work environment, to make sure everybody understands what they’re required to
do and the way they need to do it,” Berry said. “Federal OSHA wants them to concentrate on
penalties and citations, even though there’s no evidence that those things work.”
She was joined on a panel by Gregg Thompson of the National Federation of Independent
Business’ North Carolina branch, and by Larry Jordan, a former legislator and the owner of
L.G. Jordan Oil. The panel discussed the implications of regulations such as the National
Labor Relations Board’s “poster rule” requiring small businesses to hang a poster in the
workplace notifying employees of their right to join a union. Since many small businesses,
especially those in rural areas with as few as two or three employees, are required to comply
with this rule, it leads to a lot of unnecessary and burdensome citations, Thompson said.
“If they don’t get the word, if a regulator comes in and they don’t know about it, then they’re
going to be fined for it,” he said. “For small businesses, it’s a burden.”
They also discussed an Environmental Protection Agency lead renovation and repair rule
that’s in place to protect people from lead-based hazards associated with renovations or
painting, and a proposed U.S. Department of Agriculture Fowl Rule, which would require
American chicken farmers to prove the identity of each chicken as they cross state lines.
Jordan, a former state legislator, said keeping up with regulations became too difficult for his
staff, so they had to hire a consultant to keep up with them. That service costs them $7,000
initially, without paperwork fees, he said.
“Some of them are possibly good requirements, but they’re just overboard with them. They’re
not thinking of the cost on small business people,” he said.
The regulations would apply to each of North Carolina’s small businesses across all
disciplines, Thompson said.
OSHA regulations require states to either develop their own occupational health and safety
plans or follow federal guidelines. Since North Carolina is one of 22 states with its own plan,
it gets about $5.5 million annually from the federal government for its program.
Fishing Fatalities Prompt Discussions on Safety (By CBCNews Nova Scotia – July
25, 2013)
The Fishing Safety Association of Nova Scotia is concerned about the high number of deaths
on Nova Scotia's waters and says a strategy is needed to reduce the number of fatalities. "It's
dark and gloomy and it's sad," said Stewart Franck, the executive director of the Fisheries
Safety Association of Nova Scotia. "At the same time it needs to be a motivator, to know that
we need to do more, we need to be faster at getting the message out there."
According to the Workers' Compensation Board of Nova Scotia, 41 people across the country
died in workplace incidents at sea between 2000 and 2010. During that same time period, 19
people died fishing in Nova Scotia — meaning the province had just under half of the
country's fishing fatalities.
There have been eight fishing-related deaths in Nova Scotia so far this year, with the most
recent one earlier this week when a 55-year-old fisherman suffered fatal injuries after falling
from the crow's nest — a structure with a fixed ladder in the center of the vessel. Paul Vernon
"Brex" Malone, from Lower East Pubnico, was on the ladder of the sword fishing boat Savana
& Jax when he fell and died as a result of his injuries.
Franck said his association has been working with the province's Workers' Compensation
Board for the past couple of years to try to improve safety for fishers by changing attitudes
among them that some deaths are preventable. Franck said although he's met with some
resistance, the more he talks to fishermen at the wharf the more he senses change. "We are
seeing and hearing about more people wearing safety gear," he said. "On dumping days there
are more and more fishers and fishermen that are wearing their personal floatation devices."
The Workers' Compensation Board of Nova Scotia said most fatalities happen less than 50
kilometres from shore, and trap-based industries like lobster and crab — which are common
in Nova Scotia — have the highest fatality counts.
Lessons Learned: Arkansas Poultry Plant Cited For 11 Safety Violations
(By abc7KATV – July 30, 2013)
A southwest Arkansas poultry plant has been cited with 11 safety violations by federal safety
regulators. The plant owned by Pilgrim's Pride Corporation also faces proposed penalties
from the U.S. Department of Labor's Occupational Safety and Health Administration totaling
$170,000 for reportedly exposing workers to hazardous chemicals.
OSHA's Process Safety Management (PSM) Covered Chemical Facilities National Emphasis
Program has a detailed set of requirements and procedures employers must follow to address
hazards proactively that are associated with processes and equipment that use large amounts
of hazardous chemicals. In this case, it's the use of anhydrous ammonia in the refrigeration
system.
Their inspection of the De Queen plant started in January. The first $70,000 of the proposed
fine comes from what inspectors found to be a willful violation by the company for not
documenting that the emergency shutdown system for the engine room was designed to
ensure that the mechanical ventilation system was activated by an ammonia leak.
A willful violation is one committed with intentional, knowing or voluntary disregard for the
law's requirements, or with plain indifference to worker safety and health. The nine serious
violations, with a $61,500 fine, were cited for PSM deficiencies of the relief valves and
failing to provide process hazard analysis, operating procedures, testing procedures and
management of change procedures. A serious violation occurs when there is substantial
probability that death or serious physical harm could result from a hazard about which the
employer knew or should have known.
The repeat violation, with a fine of $38,500, was cited for failing to ensure the adequate
frequency of self-inspections and tests of ammonia refrigeration equipment and vessels. A
repeat violation exists when an employer previously has been cited for the same or a similar
violation of a standard, regulation, rule or order at any other facility in federal enforcement
states within the last five years. A similar violation was cited in 2011.
"Process safety management prevents the unexpected release of toxic, reactive or flammable
liquids and gases in processes involving highly hazardous chemicals," said Carlos Reynolds,
OSHA's area director in Little Rock. "It's vital that Pilgrim's Pride ensure safeguards are in
place to protect the safety of workers at its work sites."
The citations can be viewed by clicking here and also here. The company, headquartered in
Greeley, Colo., employs about 1,400 workers at the De Queen plant. It has 15 business days
from receipt of the citations and penalties to comply, request an informal conference with the
area director or contest the findings before the independent Occupational Safety and Health
Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace
hospitalizations, fatalities or situations posing imminent danger to workers, the public should
call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Little Rock office at
501-224-1841.
Under the Occupational Safety and Health Act of 1970, employers are responsible for
providing safe and healthful workplaces for their employees. OSHA's role is to ensure these
conditions for America's working men and women by setting and enforcing standards, and
providing training, education and assistance. For more information,
visithttp://www.osha.gov.
Lessons Learned: DOL Has Ordered Metropolitan Aviation To Reinstate
Pilot And Pay Damages (By Mike Mitchell, AvStop.com Aviation Online Magazine –
July 30, 2013)
The U.S. Department of Labor's Occupational Safety and Health Administration has ordered
Metropolitan Aviation LLC to reinstate a pilot after a whistle blower investigation determined
the Manassas, VA. based air carrier violated the pilot's rights when he was fired.
The pilot with 24 years of flight time and who is also a licensed FAA aircraft mechanic
(A&P) reported that he had departed Teterboro, NJ on June 17, 2010, with four passengers in
the company’s Hawker 800 aircraft.
20 minutes into the flight the pilot heard a loud bang that sounded like it came from the tail
section of the aircraft, the aircraft began to vibrate, "I mean, the whole airplane shook," said
the pilot and then a warning light came on which indicated the rear bay was overheating.
The pilot declared an emergency with air traffic control and landed at State College airport in
Pennsylvania. The pilot said “We did everything by the book. We landed that airplane safely,
and everybody walked away”. The pilot contacted his employer, Metropolitan Aviation and
informed them of the emergency and that he had landed at State College airport.
The pilot states he was ordered to fly the aircraft back to Manassas Regional Airport for
repairs by company mechanics. The pilot reported that an FAA aircraft mechanic checked the
aircraft and determined the aircraft was not airworthy. The pilot refused to fly the aircraft
back and within days of the emergency landing the pilot states he was fired for not flying the
aircraft. However, the Company reported the pilots firing was not due to the pilot not flying
the aircraft but it was due to performance issues and poor judgment.
The pilot filed a complaint with the FAA and the Department of Labor (OSHA). The pilot
complaint with OSHA alleged retaliation for a protected activity under the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century, the aviation industry whistle
blower law known as AIR21.
The FAA conducted an investigation and found no wrong doing by the company. "The FAA
has completed its investigation of the safety allegations contained in your complaint. This
investigation has not established a violation of an order, regulation, or standard relating to air
carrier safety. Therefore, the FAA is closing its investigation concerning these allegations."
However, OSHA's Philadelphia Regional Office found merit to the pilot's complaint. "Pilots
are protected by law when they refuse to fly an aircraft determined to be unairworthy," said
MaryAnn Garrahan, OSHA's regional administrator in Philadelphia. "Air carriers that retaliate
against employees for exercising their rights under AIR21 will be held accountable."
As a result of OSHA's findings, the company was ordered to pay back wages in the amount of
more than $140,000 for the period from June 30, 2010, through June 30, 2013. Thereafter, the
company will pay at a rate of $797 per week until it has made the complainant a bona fide
offer of reinstatement. The company was also ordered to pay compensatory damages in the
amount of $75,000. Additionally, OSHA ordered the air carrier to take other corrective action,
including expunging the complainant's termination and any reference to the exercise of his
rights under AIR21 from his employment records, and the posting and providing to its
employees information on their AIR21 whistle blower rights. OSHA also ordered
Metropolitan Aviation to pay attorney's fees and interest on the back wages.
Metropolitan Aviation began operations in November 2006, as a jet charter operator. The
company is based out Manassas Regional Airport, Manassas, Virginia. Metropolitan Aviation
operates heavy jets, mid cabin, light jets and turbo prop aircraft. Alan Cook is the company’s
Chief Executive Officer.