Department of Civil Engineering Technology Environmental Management & Safety

©Lisa Greenwood

©Lisa Greenwood

OVERVIEW

▪EMS Fundamentals—EMS & ISO 14001 Overview—Aims & potential benefits

▪ISO 14001 Myths & Realities—Issues and challenges

—Credibility

EMS Fundamentals

©Lisa Greenwood

What is an EMS?

Rawpixel©123rf.com

▪Framework for—managing environmental responsibilities

—maintaining legal compliance

—enhancing performance

©Lisa Greenwood

What is an EMS?

kotoffei©123rf.com

▪Framework for

Managing Environmentally-Related RISK

©Lisa Greenwood

What is ISO 14001?

▪ International standard for EMS—Voluntary, consensus-based

—specifies minimum requirements for “establishing, implementing, and maintaining” an EMS

▪Provides organizations with foundation to “protect and respond to the environment in balance with social and economic needs”

ISO 14001

©Lisa Greenwood

What is ISO 14001?ISO 14001

181 39~450K

The number of countries with

at least one certified site

The number of industry

sectors affected

The number sites certified

worldwide

https://www.iso.org/the-iso-survey.html

©Lisa Greenwood

What is ISO 14001?ISO 14001

Source: The ISO Survey 2018 https://www.iso.org/the-iso-survey.html

©Lisa Greenwood

ISO Management System Standards Framework

Adapted from Greenwood, L. (2017)

What is ISO 14001?

©Lisa Greenwood

▪Key Components:—Policy supported by management

—Risk identification, prioritization, and treatment

—Objectives, targets and actions to address risk

—Performance monitoring & evaluation

—Review of performance

—Corrective and preventive action

—Actions for continual improvement

What is ISO 14001?

©Lisa Greenwood

Can include:▪ Preventing/mitigating adverse environmental impacts

▪Mitigating adverse effects of environmental conditions on the organization

▪Meeting legal requirements & stakeholder expectations

▪ Improving environmental performance

▪Recognition

Source: ISO 14001:2015

ISO 14001 Benefits

ISO 14001 Myths & Realities

Lucia Heffernan “Norman Catwell”

©Lisa Greenwood

Results can vary depending on▪ Level of top management commitment to the EMS

▪Ambitiousness of goals set by the organization

▪Context of the organization

ISO 14001 Myths & Realities

Adel Amer©123rf.com

©Lisa Greenwood

Applicable Codes

Available Resources

Topography and Climate

Neighbors

Current and Future Needs

ISO 14001 Myths & Realities

©Lisa Greenwood

©Lisa Greenwood

©Lisa Greenwood

ISO 14001 Myths & Realities

▪Effective EMS implementation =—DRIVEN by top management

—EMBEDDED in operations management

—Customized to be SUITABLE, ADEQUATE, and EFFECTIVE

—Designed to ADD VALUE

—Monitored and verified

▪ If not, system may be unsustainable

©Lisa Greenwood

Test your knowledge - Myth or Reality?

▪ ISO is an acronym for the International Standards Organization

▪ ISO audits organizations to verify their conformity to ISO 14001

▪ ISO 14001 requires third-party certification

ISO 14001 Myths & Realities

©Lisa Greenwood

Conformity Assessment

Self-Declaration

Internal verification

Third-Party Certification

Independent verification

DEPENDS ON• Customer and regulator requirements• Consumer expectations

Second-Party Verification

MS verification by customer

external verification of self evaluation process

Independence

LOW HIGH

• Resources and cost• Needs of the organization

ISO 14001 Myths & Realities

©Lisa Greenwood

Levels of Oversight

Organization’s

EMS

Certification Body (CB)

Accreditation Body

Provides accreditation to

Provides certification of

ANAB Accredited CBs: http://anabdirectory.remoteauditor.com/

ISO 14001 Myths & Realities

©Lisa Greenwood

▪Challenges—Cost of implementation

—Cost of certification

—EMS literacy

—Leadership and support

—Integration

ISO 14001 Myths & Realities

©Lisa Greenwood

Conclusion

▪An EMS is effective if it is designed and continually improved to add value

—Risk-based

—Embraced by top management

—Embedded in the organization’s overall system

▪Certification can enhance credibility but is not a guarantee of performance

▪ ISO 14001 provides the framework – the organization has to build the system

©Lisa Greenwood

References

▪ Greenwood, L. (2017). The Efficacy of Environmental Management Systems–ISO 14001: Effects of Motivations, Maturity, and Size on Environmental and Business Management Outcomes in US Firms (Doctoral dissertation, State University of New York College of Environmental Science and Forestry).

▪ ISO. (2015). ASQ/ANSI/ISO 14001:2015 Environmental management systems - Requirements with guidance for use. Geneva, Switzerland: International Organization for Standardization.

▪ ISO. (2018) The ISO Survey 2018. Geneva, Switzerland: International Organization for Standardization. Retrieved from https://www.iso.org/the-iso-survey.html

ESTABLISHING THE AUDIT PROGRAMTHE WHO, WHAT, WHY AND WHEN OF AUDITING, ESSENTIALLY FINDING OUT

WHAT YOU NEED TO KNOW ABOUT YOUR OPERATIONS.

CHARLES CONWAY CSP

• Dir of EHS+S for Americas & Asia Bausch Health Companies

• 28 years here in Rochester

• Auditing for compliance for 30 + years

• ISO 14001 and OHAS 18001, now ISO 45001

WHY AUDIT• Compliance

• Environmental

• Hazardous Waste

• Air

• Sewer discharge

• Storm water discharge

• Emergency response

• Safety

• Haz Com

• Forklift

• Recordkeeping

• Hearing Conservation

• Chemical Exposure

• Program Specific Audits

• Any of the listed where the auditee

specifically requests the auditor to

review the program/process or

procedure

WHAT TO AUDIT

• Identify the area that you want audited

• Operations

• Incoming/Receiving

• Manufacturing

• QC Laboratory/Chemistry/R&D

• Distribution/Shipping

• Maintenance

• Office

WHO SHOULD AUDIT

• Auditor Qualifications

• Environmental

• Safety

• Experience

• Lead Auditor

• Support Auditor

• Knowable Expert

• Certified Auditors vs Non-Certified

WHEN TO AUDIT

• New programs/process

• When there is a new regulation/process or change to an existing regulation/process

• Schedule basis

• As part of your audit program establish a set time frame for when audits will be done

• Every 2 years

• 3 years?

• Time of the year

THE AUDIT PROCESS START TO FINISH

• Establishing the audit

• Selection of the auditors

• Document Review

• Pre-Audit Meeting

• Audit scheduled

• Audit

• Opening Meeting

• Tour

• Daily Closeout

• Document Review

• Closeout Meeting

• Report

• Post audit

WHAT TO DO WITH THE RESULTS

• Once the audit is complete you have to address the results

• Establish the root causes

• Develop corrective actions

• Assign them to the appropriate personnel

• Assure that they are being addressed

• At the completion, validation of the corrective action

Legal Considerations with ISO 14001 Implementation and Registration

AWMA Joint Seminar Plenary Session February 12, 2020 Jean H. McCreary, Esq.

Senior Counsel (Ret.)

Introduction

Today’s Objectives

— Discuss legal considerations for implementation of

ISO 14001 environmental management systems

— Explain legal requirements related to certification

of conformity with ISO 14001 (and registrar audits)

— Discuss USEPA and NYSDEC CP-59

Environmental Audit Incentive Policies

— Answer questions!

— ISO 14001 (specification) and ISO 14004

(guidance) were developed as international

standards to assist organizations in implementing or

enhancing EMSs to systematically improve

environmental performance

— Focus is “environmental” but can be integrated with

quality (ISO 9001), life cycle (ISO 14044), health

and safety (ISO 45001 (OHSAS 18001) and other

standards

General Principles

EMS Plan-Do-Check-Act Model

Performance

Evaluation/Corrective Action

Monitoring and Measurement

Nonconformance and

Corrective and Preventive

Action

Records

EMS Audits

Planning

Environmental Aspects

Legal/Other Requirements

Objectives and Targets

Environmental Management

Program

Implementation/Operation

Structure and Responsibility

Training, Awareness, Competence

Communication

EMS Documentation

Document Control

Operational Control

Emergency Preparedness/Response

Start

Continual

Improvement!

Management

Review/Improvement

Environmental

Policy

— ISO 14001 is a living system — application differs from one

organization to another due to the context, scope and nature of

environmental impacts

— Compliance (“conformity”) occurs when “requirements” are met and

desired changes are achieved

— The organization implementing the system defines:

• Policy

• Scope of system

• Objectives/targets

• Applicable legal requirements (also not defined)

What is “Compliance”?

— 14001:2015(E) 0.2: “This International Standard … is not intended to increase or change an organization’s legal requirements”

— 0.5 and 3.2.8: “Shall” indicates a requirement, and so voluntarily assumed commitments can become “requirements”

— 3.2.9: “Compliance Obligations” are “legal requirements and other requirements that an organization has or chooses to comply with”

— 4.2(b): “Needs and expectations of interested parties” can become “requirements” and “compliance obligations”

Legal Requirements

— Gap analysis and designing an EMS

— Implementing an EMS

— Compliance management as component of EMS

— Preparation for registrar audits and certification

— Role in continuous improvement and life cycle assessment

— Incident response / root cause analysis

Context of Compliance

— Conducting Preliminary Review — Review current environmental processes and compare them against the EMS criteria, including evaluating the organization’s structure and authorities, risks/opportunities, legal requirements, policies, environmental impacts and objectives, training programs and other “commitments” (including protection of the environment and prevention of pollution)

— Evaluating Procedures — Assess existing environmental procedures and identify where it may be necessary to strengthen existing or develop new ones to implement the system, including documents, operational controls and emergency preparedness as well as regulatory (including voluntary) compliance and planning for change (some Registrars also look for “sign post” documents that connect the elements of the system)

Policy/Planning – Legal Considerations

— 6.1.1.(b): Plan for how “requirements” will be met

— 6.1.3: Determine and have access to compliance obligations

related to environmental aspects and consider these in planning,

implementing, maintaining and improving the EMS, and document

these

— 6.1.4: Take actions to address compliance obligations

— 7.1-7.5: Ensure sufficient resources, competence, awareness,

internal and external communication and documentation for the

system (including control of documentation – distribution, access,

retrieval, storage, preservation, version control, retention,

disposition)

Planning – Legal Considerations

— 8.0: Define and implement to operating criteria — Put controls in place

considering requirements through all life-cycle stages (design, procurement,

operation, contractors, transportation, disposal, end-of-life treatment) and

emergency situations

— 9.1-9.2: Assess EMS Performance — Conduct periodic EMS audits to

monitor/measure that the system is performing as intended, including detection

of non-compliance and corrective action program — functional EMSs will

experience non-compliance

— 9.3: Management Review — review the EMS as a whole (internal/external)

determine if improvements to the system, or to the organization’s environmental

policy, are warranted, including “needs and expectations of interested parties”

and “compliance obligations”

— 10.2: Corrective Action — address non-conformity and take preventive action

Operational Control – Legal Considerations

— Integrate the EMS with other business plans, strategies and

budgets (scoping)

— Involve employees in establishing and carrying out the program

and communicate expectations building on existing programs

— A.4.2: Understand needs/expectations of third parties that could

become “requirements”

• Laws/regs, permits/licenses, court orders/decisions

• Contractual obligations

• Industry guidelines (e.g. NFPA)

EMS –Legal Suggestions

Communications:

— Consider developing a system for simple, concise, accurate, timely

responses to internal/external inquiries and tracking and linking the

responses to the inquiries

— Eliminate obsolete documents; develop version control

nomenclature and adhere to retention policy (based on regulatory

retention requirements, including litigation holds)

— Establish business confidentiality and privilege policies and enforce

— Have inspection readiness procedures

— Must be auditable without waiver of privileges

EMS – Legal Suggestions

— Renewed emphasis on self-disclosed violation policies in 2018

• E-disclosure

• New owner disclosure

• Tailored audit programs

— Up to 100% penalty mitigation for self-detected and self-corrected with “systematic” discovery process

• Up to 75% if meet all conditions except “systematic” audit

• No criminal referrals

• Small business policy

• Distinguishes “gravity” and “value of delayed compliance”

EPA Audit Policy

Conditions for Eligibility:

1. Systematic discovery (compliance management system)

2. Voluntary discovery (not result of mandated monitoring)

3. Prompt disclosure (21 days or less)

4. Independent (before EPA/state inspects)

5. Correct/remediate within 60 days

6. Take preventive action

7. N/A to repeat violations (pattern)

8. N/A to imminent harm/endangerment

9. Cooperate with EPA

EPA Audit Policy

CP-59:

— Reduces/waives penalties discovered/self-corrected and disclosed voluntarily (includes new owner component)

— Supplements Penalty Enforcement Policy and CP-34 (EMS and Poll. Prev. tools)

— Repeals CP-19 (small business policy)

— Excludes regulated entities that received NOVs, EC appearance tickets, NOH’s and complaints in last 5-years

— Excludes repeat violations in last 5 years or viol. of orders

— Excludes certain significant and high priority violations

— 30-day disclosure period (or regulatory, whichever is shorter)

— Must correct within 60 days

— Incentivizes Audit Agreements

NYSDEC Audit Policy

— “Registration” — Process by which a company applies for a certificate of

conformity to ISO 14001.

— “Registrar” — Entity that verifies conformity to ISO 14001 and issues

“certificate.”

— “Conformity Assessment” — Review performed by registrar prior to

issuing certificate of conformity to ISO 14001.

— “Certification” — Applies to auditors.

— “Accreditation” — Process for recognizing the competence of a registrar.

— Europe & Asia — Often uses “certification” when US uses “registration”.

Registrar Audits - USA

Selecting the Registrar

— Accredited for ISO 14001

— Use certified EMS auditors

— Do not base on ISO 9001 unless combined audit

— Use a registrar with experience in your industry sector

— Do not use a registrar that also consults (ethical concerns)

— Involve registrar early for documentation/readiness review

— Get estimate of registration site visit (days/# auditors)

— Inquire about surveillance intervals

— Ask about costs (negotiable) and travel

Registrar Audits

— Step 1: Implement standard

— Step 2: Select registrar

— Step 3: Submit application/documentation to registrar

— Step 4: Registrar reviews application package and may do “readiness review”

or “pre-assessment”

— Step 5: Registrar comments / facility implements corrections

— Step 6: Registrar audits facility (“conformity assessment”)

— Step 7: Registrar’s audit team prepares written report and “recommendation”

concerning registration

— Step 8: Registrar makes registration decision / issues certificate of conformity

— Step 9: Periodic surveillance and re-registration

Registration Process

Path to ISO 14001 Registration

Initial Contact

with Registrar

Application Form, *

Estimated Fees,

Standard Agreements

Corrective Action

Readiness

Pre-Assessment

Not Ready

Ready

Comments to

Client

EMS Conformity

Assessment

Not Acceptable

Acceptable

Non-Conformity

Report

Non-Conformity

Follow-up

ISO 14001

Certificate Issued

This presentation contains images used under license. Retransmission, republication, redistribution, and downloading of this presentation, including any of the images as stand-alone files, is prohibited. This presentation may be

considered advertising under certain rules of professional conduct. The content should not be construed as legal advice, and readers should not act upon information in this publication without professional counsel. ©2020.

Nixon Peabody LLP. All rights reserved.

Jean H. McCrearyT (585) 263-1611

F (866) 743-0241jmccreary@nixonpeabody.com

A 2020 View into OSHA

Presenter:

Michael Scime, Area Director

February 12, 2020

AWMA/NYWEA

SEMINAR

Current Administration

?Eugene Scalia

Secretary of Labor

Assistant Secretary

of Labor for OSHA

▪ OSHA and its state partners, coupled with efforts of employers, safety & health professionals, unions and advocates, have helpeddramatically reduce workplace injuries and illnesses.

▪ Worker fatalities in America are down—on average, from 38 workers a day in 1970 to 14 a day in 2017.

▪ Worker injuries and illnesses are down—from 10.9 incidents per 100 workers in 1972 to 2.8 per 100 in 2017.

OSHA’s Continuing Mission

OSHA’s Balanced Approach

▪ Enforcement

▪ Compliance Assistance

▪ Training

▪ Provide a workplace free from serious recognized hazards.

▪ Train workers in a language and vocabulary they can understand.

▪ Comply with standards, rules and regulations issued under the OSH Act.

osha.gov/employers

Employer Responsibilities

Recordkeeping

▪ Many employers with more than 10 employees are required to keep a record of serious work-related injuries and illnesses.

▪ Certain low-risk industries are exempted

▪ Minor injuries requiring first aid only do not need to be recorded.

Recordkeeping Forms

▪ OSHA Form 300 – Log of Work-Related Injuries and Illnesses

▪ OSHA Form 301 – Injury and Illness Incident Report

▪ OSHA Form 300A – Summary of Work-Related Injuries and Illnesses. This form must be posted from February to April every year.

Reporting Fatalities and Severe Injuries

▪ All employers are required to notify OSHA when an employee dies on the jobor suffers a work-related hospitalization, amputation, or loss of an eye.

▪ A fatality must be reported within 8 hours.

▪ An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.

Employers cannot retaliate against workers who exercise their rights.

Whistleblowers.gov

Retaliation includes:

▪ Reduce pay or hours

▪ Being fired, laid off, or suspended

▪ Reassignment, discipline, or demotion

▪ Threats, harassment, and intimidation

▪ Blacklisted from hiring

Whistleblower Protections

Training and Education

▪ OSHA Outreach Training Program(10- and 30-hour cards)

▪ OSHA Training Institute

▪ OSHA Training Institute Education Centers

▪ Susan Harwood Training Grants

www.osha.gov/dte

OSHA works with employers

to improve workplace safety

and health

II. Compliance Assistance

▪ saves lives

▪ prevents injuries

▪ saves money

Prevention

OSHA’s Cooperative Programs

▪ On-Site Consultation Program

▪ Safety and Health Achievement Recognition Program (SHARP)

▪ Alliance Program

▪ OSHA Strategic Partnership Program

▪ Voluntary Protection Programs (VPP)

▪ OSHA Challenge

III. OSHA Enforcement

OSHA conducts inspections based on:

▪ Imminent danger situations

▪ Worker fatalities, hospitalizations, amputations, or loss of an eye

▪ Referrals

▪ Targeted inspections

▪ Follow-up inspections

▪ Unprogrammed inspections

▪ Programmed inspections

Types of Inspections

▪ Imminent Danger

▪ Fatality/Catastrophe

▪ Complaints/Referrals !

Unprogrammed Activity

▪ Emphasis Programs

– Silica NEP

– Amputation NEP

• Targets 80 industries having machinery that have the

potential to cause amputations

• MOU with NYS Workers Comp

– Combustible Dust NEP

– Hexavalent Chromium NEP

– Lead NEP

Programmed Activity

▪ Emphasis Programs

– Primary Metal Industries NEP

– Process Safety Management (PSM) NEP

– Trenching and Excavation NEP

– Ship Breaking NEP

– Noise REP

• Targets 35 industries with hearing loss rates of ≥15.0

– Fall Hazards in Construction REP

Programmed Activity

▪ Emphasis Programs

– Health High Hazard REP

– Warehousing and Refuse Handlers and Haulers REP

– Construction Worksites-Local Targeting REP

– Federal Agencies REP

– Gut Rehabilitation and Demolition REP

– Dairy Farm Operations LEP

– Heavy Highway and Bridge Construction and

Maintenance LEP

Programmed Activity

Penalties

Type of Violation Penalty

Serious

Other-Than-Serious

Posting Requirements

$13,260 per violation

Failure to Abate $13,260 per day beyond

the abatement date

Willful or Repeated $132,598 per violation

FY ‘19 Enforcement StatisticsBuffalo Area Office(10/1/2018 to 09/30/2019)

▪ 484 Inspections:

– 399 safety (82%)

– 85 health (18%)

▪ Types of Inspections:

– 317 programmed (65%)

– 59 complaint (12%)

– 30 referral (6%)

– 27 employer-reported referral

(6%)

– 21 unprogrammed-related (4%)

– 23 follow-up (5%)

– 2 monitoring (<1%)

– 5 FAT/CATs (1%)

▪ Industry sector:

– 480 private sector (99%)

– 4 public sector (<1%)

– 285 construction (59%)

– 114 manufacturing (23%)

– 85 other (18%)

FY ‘19 Enforcement StatisticsBuffalo Area Office(10/1/2018 to 09/30/2019)

▪ 824 Citations issued

▪ $3.6M Total penalty

– $2.1.0M serious (77%)

– $309,491 willful (11%)

– $279,907 repeat (10%)

– $51,657 OTS (2%)

▪ Average penalty

– $3,415 serious

– $30,949 willful

– $6,827 repeat

– $347 OTS

▪ 2.2 average citations per inspection

Top 11 ViolationsNationwideFY ‘19 (Oct. 1, 2018-Sept. 30, 2019)

Rank Standard Description

Avg.

Penalty per

violation

1 1926.501 Duty to have fall protection $5,173

2 1910.1200 Hazard communication $1,097

3 1910.134 Respiratory protection $1,175

4 1926.451 Scaffolds $2,923

5 1910.147 Control of hazardous energy (LOTO) $5,780

6 1926.1053 Ladders $2,326

7 1926.503 Fall protection training requirements $1,422

8 1910.178 Powered industrial trucks $3,453

9 1910.305

Electrical, Wiring methods, components, and

equipment for general use $1,418

10 1910.303 Electrical, General $1,862

11 1910.212 Machine guarding, General requirements $7,078

Top 11 ViolationsBuffalo Area OfficeFY ‘19 (Oct. 1, 2018 – Sept. 30, 2019)

Rank Standard Description

Avg.

Penalty per

violation

1 1926.501 Duty to have fall protection $4,064

2 1910.147 The control of hazardous energy (LOTO) $6,042

3 1910.1200 Hazard communication $1,338

4 1926.451 Scaffolds, General requirements $3,239

5 1910.1053 Ladders $2,116

6 1926.100 Head protection $1,771

7 1910.134 Respiratory protection $1,327

8 1910.303

Electrical, Wiring methods, components, and

equipment for general use $3,281

9 1910.1030 Bloodborne pathogens $2,644

10 1910.212 Machine guarding, General requirements $12,397

11 1926.1101 Asbestos $8,799

Top 10 Construction Violations in WNYFY ‘19 (Oct. 1, 2018-Sept. 30, 2019)

Rank Standard Description

Avg.

Penalty per

violation

1 1926.501(b)(11)

Lack of fall protection while working on steep roofs ≥6 feet above a

lower level $4,864

2 1926.100(a)

No hard hats worn when there were impact, falling or flying object or

electrical shock and burn hazards $1,771

3 1926.1053(b) Ladders do not extend 3’ above landing platform $2,224

4 1926.451(g)(1)(i) No PFAS while working from ladder jack scaffolds $4,220

5 1926.501(b)(1)

No fall protection from walking/working surfaces ≥6 feet above a

lower level $3,935

6 1926.453(b)(2)(v) No fall protection utilized while working from an aerial lift $2,874

7 1926.501(b)(10) No fall protection utilized when working from low-sloped roofs $2,692

8 1926.501(b)(4)(ii)

Not protecting holes with covers, including skylights, to prevent

tripping or stepping into or through $1,869

9 1926.404(f)(6)

Path to ground from circuits, equipment, and enclosures was not

permanent and continuous $1,608

10 1926.501(b)(13)

Employees engaged in residential construction activities ≥6 feet

above lower levels were not protected from falls $3,930

Significant Cases(Cases >$40,000)

1. Rex Harper dba REH Property

Maintenance, Jamestown, NY

– $168,772

– Issued 8/5/19

– Asbestos and respiratory protection hazards

Significant Cases (Cases >$40,000)

2. Arbre Group Holding dba Holli-Pac, Inc., Holley, NY

– Programmed & referral inspections

– $200,791 cumulative penalties

– Issued 8/6/19

– Noise/hearing conservation, falls, eye protection, LOTO,

guarding, and electrical violations

Significant Cases(Cases >$40,000)

5. Tripifoods, Inc., Buffalo, NY

– Two referral inspections

– $75,015 cumulative penalties

– Issued 7/23/19

– Falls, LOTO, electrical, recordkeeping violations

Significant Cases(Cases >$40,000)

7. Zoological Society of Buffalo Foundation, Inc., Buffalo,

NY

– Complaint inspection

– $91,465

– Issued 9/13/18

– Lead, respirable crystalline silica, and respiratory protection

hazards

Fatalities

▪ Dairy Knoll Farms, LLC, Geneseo, NY

– On January 23, 2019, a dairy farm employee

was struck by a pick-up truck when the

employee was walking along a driveway located

on the dairy farm.

– A HAL was issued to the employer and the

outside contractor to develop a orientation

training program to recognized hazards

associated with working on a dairy farm.

Fatalities

▪ Buffalo & Orchard Park Topsoil, Inc., Orchard Park, NY

– On April 24, 2019, an employee using an acetylene cutting

torch was severely burned when nearby combustible liquids

ignited which then ignited the employee’s clothes. The 33 year-

old employee was hospitalized and subsequently died on

05/31/19.

– Citations issued

Fatalities

▪ Ken’s Tree Service, Mount Morris, NY– On May 21, 2019, an employee removed chain rigging from a log and while

guiding the chains around a pile of logs, the hoist cable on the boom truck

contacted an overhead 7.2KV distribution line electrocuting the 21 year-old

employee.

– Owner charged with 2°manslaughter

• Operating crane too close to power lines

• Failure to utilize known safe crane operation protocols

• Unlicensed operation of a crane

– 3 Willful violations issued

Work Zone Awareness Week

▪ Annual spring campaign held at the start of construction season to encourage safe driving through highway work zones

▪ OSHA’s Roadway Work Zone Alliance supports the week and developed this poster

www.osha.gov/doc/highway_workzones

Falls are the leading cause of worker fatalities in construction. These are preventable.

▪ PLAN ahead to get the job done safely.

▪ PROVIDE the right equipment.

▪ TRAIN everyone to use equipment safely.

Stop Falls: Fall Prevention Campaign

osha.gov/stopfalls

5 ways to Prevent

Workplace Falls

▪ Heat illness sickens thousands and results in the deaths of dozens of workers each year

▪ Campaign educates employers and workers on danger of working in heat, and three steps to prevention: WATER. REST. SHADE.

▪ Resources include OSHA-NIOSH heat safety app

▪ Informal launch is “No-Fry Day” – Friday before Memorial Day

osha.gov/heat

English

Spanish

OSHA Heat Illness Prevention Campaign

Heat Illness Prevention Campaign

Workers of all ages have rights to safe workplaces:

▪ to raise concerns about hazards without fear of retaliation

▪ to receive training and PPE

▪ to ask questions if something seems unsafe

www.osha.gov/youngworkers

#MySafeSummerJob

OSHA: Young Workers’ Rights

(Spanish)

OSHA: Young Workers’ Rights

(English)

Protecting Young Workers

Working Together, We Can Helpwww.osha.gov

800-321-OSHA (6742)

REFRESHMENT BREAK & EXHIBITOR VIEWING

10:20 – 10:50PM

PANEL DISCUSSION & AUDIENCE Q&A

Dr. Lisa Greenwood, RIT

Jean McCreary Esq, Nixon Peabody

Chuck Conway, Bausch Health Companies

Michael Scime, United States Department of Labor

THE ABC’S OF ENVIRONMENTAL MANAGEMENT SYSTEMS