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Whistleblower gets back pay, damages
The Occupational Safety and Health Administration (OSHA) has ordered United Parcel Service (UPS) to compensate a driver who was terminated when he refused to drive because of safety concerns.
The employee complained that he was discharged in retaliation for refusing to drive a vehicle with inoperable lights on the trailer and tractor. OSHA investigated, finding that the vehicle was unsafe and that the driver had a reasonable apprehension of serious injury to himself and the public. Although the driver notified UPS management of the unsafe conditions, the employer continued to order the unsafe operation of the vehicle.
As a result of the investigation, OSHA has ordered UPS to pay the driver more than $110,000, including $1,900 in back wages, nearly $500 in hotel and mileage expenses to attend a grievance hearing, $105,000 in damages, and $3,600 in attorney's fees. UPS has also been ordered to remove all disciplinary action related to the work refusal from the employee's personnel file and to provide whistleblower rights information to its workers.
OSHA conducted the investigation under the whistleblower provisions of the Surface Transportation Assistance Act. Either party in the case can file an appeal with the Labor Department's Office of Administrative Law Judges.
For more information: www.whistleblowers.gov/index.html
Underground mine investigation begins
The Department of Labor's Mine Safety and Health Administration (MSHA) says the federal team investigating the April explosion of the Upper Big Branch Mine in West Virginia has begun its underground examination.
In late June, mine rescue teams wrapped up a nearly month-long effort to explore the mine and ensure that it was safe for investigators to proceed underground. During that time, MSHA, the state, and the mining company engaged in a series of mine rehabilitation efforts, including drilling boreholes and repairing damaged ventilation systems. Rescue teams also discovered an active hot spot and several previous hot spots during their exploration of the mine that may have accounted for high concentrations of toxic gases.
The underground investigation consists of several different units with specific expertise: mapping, dust survey, electrical, photography, flames and forces, geologic, and evidence gathering. All unit members are to follow specific protocols outlined by MSHA and the state to ensure the preservation of evidence collected in the mine.
Since its formation two months ago, the federal investigation team has also interviewed approximately 100 individuals who may have knowledge of the mine, its conditions, and events leading up to the explosion.
Employers fighting workplace stress
Employers understand the detrimental effect worker stress is having on their organizations and are fighting back with multiple strategies to help workers cope, according to a survey by Buck Consultants.
Based on responses from more than 200 organizations of various sizes and industries, the survey identifies the following areas as most affected by stress:
- Health care costs (cited by 82% of survey respondents)
- Absenteeism (79%)
- Workplace safety (77%)
The survey results show 66% of employers have implemented at least four programs intended to reduce stress, 22% have implemented eight or more programs, and some make more than 10 available to employees. Only 7% do not have any stress-reduction strategies in place.
The resource most commonly used to address stress is an employee assistance program (EAP), implemented by 78% of survey respondents. Flexible work schedules are the next most cited strategy, offered by 63% of respondents. Rounding out the top 10 strategies are:
- Work/life balance support programs (46%)
- Leadership training on worker stress (45%)
- Online healthy lifestyle programs (45%)
- On-site fitness centers (43%)
- Physical activity programs (38%)
- Stress awareness campaigns (35%)
- Financial management classes (30%)
- Personal health/lifestyle management coaching (29%).
Employers increasingly realize they must address the rising tide of employee stress, and not just to improve employees' well-being, says Buck. Those who ignore stress will take a hit to their bottom line in higher costs and lower productivity.
Judge approves WTC settlement
A federal judge has approved a settlement between New York City and more than 10,000 workers who were part of the rescue and clean-up effort after the 9/11 World Trade Center (WTC) attacks.
The agreement creates a compensation fund of up to $712 million to settle health claims related to the WTC collapse. Workers who developed debilitating diseases such as asthma and cancer could get upwards of $1 million. Death benefits could be as high as $1.5 million.
Workers with no qualifying injury who claim fear of becoming sick will receive between $3,250 and $11,000. Each claimant will also get a free cancer-insurance policy with a $100,000 benefit.
Ninety-five percent of the workers must agree to the deal. If ratified, the settlement will end seven years of litigation between the parties.
Retailer fined $140K
OSHA has cited Xpect Discounts for a variety of alleged safety hazards identified during inspections at four locations in Connecticut. The Cleveland-based retailer faces a total of $140,700 in proposed fines.
At one or more of the locations, OSHA inspectors found that Xpect had failed to assess workplace hazards to determine what types of personal protective equipment its workers would need, failed to provide adequate forklift operator training, and allowed defective forklifts to stay in service. Other hazards included electrical hazards, lack of an emergency eye wash, and failure to provide fire extinguisher training. The retailer also failed at all four locations to maintain or certify illness and injury logs, which OSHA says are a critical tool in identifying underlying workplace hazards.
The inspections resulted in seven repeat citations with $95,200 in proposed fines, 13 serious citations with $38,500 in fines, and 10 other-than-serious citations with $7,000 in fines. The repeat citations stem from similar hazards cited during previous OSHA inspections at one of the Connecticut locations and an Xpect facility in Ohio.
New WC guidelines effective July 1
The state Workers' Compensation Commission has adopted new guidelines for resolving issues that may arise for either payors or medical providers who practice within the workers' compensation system. The guidelines, which take effect on July 1, can be seen on the commission's website.
Timely decisions on benefits and medical treatments are key to achieving the best outcomes for all stakeholders involved in workers' compensation cases. Communication breakdowns between payors and providers, however, often lead to needless confusion and delays in resolving cases.
The new guidelines outline ways to minimize potential disruptions and ensure
compliance with workers' comp laws and objectives. They establish a baseline of cooperation for stakeholders to agree on the delivery of appropriate medical services.
According to the commission, the guidelines are the product of months of meetings with representatives from the medical field, employer groups, labor groups, insurance carriers, and attorneys representing injured workers.
For more information, contact CBIA's Kia Murrell at 860-244-1931 or kia.murrell@cbia.com.
Proposed rulemaking on slips, trips and falls
The Occupational Safety and Health Administration (OSHA) plans to require improved worker protection from tripping, slipping and falling hazards on walking and working surfaces.
In a Notice of Proposed Rulemaking (NPR), the agency describes revisions to the Walking-Working-Surfaces and Personal Protective Equipment standards to help prevent an estimated 20 workplace fatalities annually and more than 3,500 injuries serious enough to cause lost workdays.
There are many instances where serious injury and loss of life might have been prevented had the protective measures in these revised standards been in place and in use, says OSHA.
The current regulations allow employers to provide outdated fall-protection equipment that can result in workers suffering greater injury from falls. Construction and maritime workers already receive safer, more effective fall-protection devices, such as self-retracting lanyards and ladder safety and rope descent systems, which the proposed revisions would also require for general industry workers.
Current standards also do not allow OSHA to fine employers who let workers climb certain ladders without fall protection. Under the revised standards, this restriction would be lifted in virtually all industries, allowing OSHA inspectors to fine employers who jeopardize their workers this way.
A public hearing on the revised changes will be held after the public comment period for the NPR. For more information: http://edocket.access.gpo.gov/2010/2010-10418.htm .
Amendment improves highway worker safety
OSHA has added a note to its Steel Erection standard reminding employers about certain Federal Highway Administration (FHWA) requirements that could save the lives of workers and motorists during highway bridge construction.
The agency says this added information will help prevent tragedies like the 2004 incident in which a 100-foot long, 40-ton steel bridge girder fell from an overpass under construction in Colorado crushing an SUV passing underneath and killing the family of three inside. The falling girder could just as easily have struck and killed the construction workers who were building the bridge had they been there at the time.
In many cases, the FHWA requires that a Registered Engineer prepare plans for any temporary braces or supports used to stabilize structures such as bridges during highway construction. The National Transportation Safety Board determined the company erecting the bridge contributed to the fatal 2004 incident by failing to follow this requirement.
Adding notification of FHWA requirements to the Steel Erection standard is considered a technical amendment because it does not impose any additional compliance burden on employers. This means it does not require a public comment period before taking effect. To access the standard: www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=21509
Survey: Workers prefer employer-provided health benefits
A majority of U.S. workers plan to rely on their employer-provided health care coverage now and in the future, according to a survey of 3,000 workers by the National Business Group on Health (NBGH) and Hewitt Associates.
Most workers (61%) currently use employer-sponsored health care coverage, and nearly half (47%) plan to continue to do so for the next three-to-five years. However, more than one-third (35%) would consider dropping employer coverage if they become eligible to purchase similar coverage through other avenues.
Health care reform legislation will lead some employers to rethink their health benefits strategy, says NBGH, but employees overwhelmingly prefer and expect to see their employers continue to provide coverage in the future.
Other key survey findings:
- Employees know how to get healthy, but many aren't taking action. Most employees (84%) believe making smart choices in daily life leads to good overall health, and almost three-quarters (72%) think good health is a result of getting regular preventive care. Yet only half of employees think they do a great or good job of eating healthy, while less than half (46%) reported doing a great or good job of exercising on a regular basis.
- Participation in many employer-provided health improvement programs is not as high as employers would like. The most popular programs include biometric screenings (61%), online health information tools (53%), and health risk questionnaires (41%). Stress management programs and employee assistance programs were the least popular, with just 9% participation in each.
- Despite low participation rates, employees who do sign up are generally satisfied. Programs with the highest employee satisfaction rates include blood screenings (91%), on-site health centers (83%) and physical fitness programs (78%).
- Workers want targeted and personalized communication. To help cut through the clutter of health care messages, employees are asking for more personalized communication that is relevant to them. Almost half (44%) want customized, targeted reminders that are appropriate for them based on factors such as their age and gender, 41% would like personalized health program recommendations, and 40% requested online personal health records.
For more information: www.businessgrouphealth.org/pressrelease.cfm?ID=157
OSHA looks at bloodborne standard
OSHA is conducting a review of the Bloodborne Pathogens standard to determine its effectiveness in protecting workers.
Part of the review involves evaluating public comments to determine whether the standard causes a burden to small businesses and industry in general, and if the costs for putting the standard into practice are necessary for protecting workers' health. OSHA will also consider whether the standard conflicts with other federal, state, or local government rules, and whether advancements in technology and economic conditions have changed the risks of exposure to bloodborne pathogens. These factors will help the agency decide if the rule should change or remain the same.
Comments may be submitted electronically at www.regulations.gov , the Federal eRulemaking Portal. If submitting comments by mail, hand delivery, or courier service, send to OSHA Docket Office, Docket No. OSHA-2007-0080, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Submissions of 10 pages or less may be faxed to 202-693-1648. Comments must be postmarked by August 12, 2010.
For more information, visit OSHA's Safety and Health Topics page on Bloodborne Pathogens and Needlestick Prevention .
Knock on the head? Trouble signs
A common scene on TV and in the movies: With one quick blow to the head, the hero (or villain) knocks out a foe, rendering him or her unconscious for the next half-hour or so.
In real life, however, head injuries account for approximately 250,000 hospital admissions a year, and as many as 50,000 deaths. Auto accidents and sports injuries are responsible for most head trauma, but even a simple workplace slip and fall can have the same tragic results.
When should you call the doctor or go the hospital? Watch for these symptoms of serious injury:
- Convulsion or seizure
- Vomiting or nausea
- Difficulty walking; loss of coordination
- Inability to move limbs
- Slurred speech or difficulty speaking
- Excessive drowsiness or fatigue
For mild injuries, no treatment is generally needed, but keep an eye on the person to check for any unusual behavior. Over-the-counter acetaminophen (Tylenol) is usually the best cure for minor headaches, but stay away from aspirin or ibuprofen, which can increase the risk of bleeding. Alcohol should be avoided for 48 hours after the injury.
New WC guidelines effective 7/1
The Workers' Compensation Commission has adopted new guidelines for resolving issues that may arise for either payors or medical providers who practice within the workers' compensation system. The guidelines take effect on July 1, 2010.
Copies may be downloaded from the Commission's website at http://wcc.state.ct.us/download/acrobat/payor-provider-guidelines.pdf or picked up at any of the Commission's district offices.
OSHA to partner with local building inspectors
The Occupational Safety and Health Administration (OSHA) hopes to enlist the help of local building inspectors in reducing injuries and fatalities at construction sites.
The Secretary of Labor has sent letters to the mayors of 11 cities, proposing that OSHA work with and train building inspectors on hazards associated with the four leading causes of death at construction sites. Under the pilot program, building inspectors would notify OSHA when they observe unsafe conditions during the course of their work. OSHA, in turn, would send a federal agency compliance officer to that workplace for a safety inspection.
In construction, the four leading causes of death are: falls, electrocution, being crushed or caught between objects, and being struck by moving machinery or objects. Among the selected cities: Austin, Texas; Boise, Idaho; Cincinnati, Ohio; Concord, N.H.; Greenwood Village, Colo; Madison, Miss; metro Atlanta, GA; Newark, N.J.; Oakland, Calif.; Washington, D.C.; and Wichita, Kan.
FAA calls on airlines to limit cockpit distractions
The Federal Aviation Administration (FAA) is calling on air carriers to develop and enforce policies that will limit distractions in the cockpit and keep pilots focused on transporting passengers safely.
The agency guidance reminds crew members and air carriers that any cockpit distraction that diverts attention from required duties can be considered a safety risk. This includes the use of personal electronic devices for activities unrelated to flight.
Last October, pilots of a Northwest Airlines flight over-flew their destination by 150 miles because they were using their laptop computers for personal activities and, according to the FAA, “lost situational awareness.” The FAA's Sterile Cockpit Rule prohibits pilots from engaging in any type of distracting behavior during critical phases of flight, including take-off and landing.
The FAA has asked air carriers to address the issue though their crew training programs and to create a safety culture to control cockpit distractions.
For more information about FAA efforts to keep travelers safe: www.distraction.gov/
National safety month almost here
The National Safety Council (NSC) is reminding businesses that June is National Safety Month.
Each week in June carries a theme that brings attention to critical safety issues. NSC encourages employers to get involved and help promote the safety message to their employees, vendors, customers, and communities. Dates and themes for this year's campaign:
Week 1 June 1-6 Prescription Drug Overdose Prevention
Week 2 June 7-13 Teen Driving Safety
Week 3 June 14-20 Preventing Overexertion at Work and at Home
Week 4 June 21-27 Dangers of Cell Phone Use While Driving
Week 5 June 28-30 Summer Safety
For more information and sample materials:
www.nsc.org/nsc_events/Nat_Safe_Month/Pages/home.aspx
OSHA releases data on chemical exposures
OSHA is releasing 15 years of data providing details of workplace exposures to toxic chemicals.
The data is comprised of measurements taken by OSHA compliance officers during the course of inspections. It includes levels of exposure to hazardous chemicals such as asbestos, benzene, beryllium, cadmium, lead, nickel, and silica. In addition, the data offers insights into how levels of exposure to specific chemicals are distributed across industries, geographical areas, and time.
OSHA says it believes this information, in the hands of informed stakeholders, will ultimately lead to a more robust and focused discussion on what still needs to be done to protect workers in the chemical industry. The agency will soon make available an online search tool allowing easy public access to the information.
Directive on non-English speaking workers
OSHA has issued an enforcement memorandum directed at protecting non-English speaking workers from workplace hazards. It instructs compliance officers to check and verify that workers are receiving OSHA-required training in a language they understand.
This directive conforms with the Secretary of Labor's clear and urgent goal of reducing injuries and illnesses among Latino and other vulnerable workers, says OSHA. These workers represent an integral and essential part of the key industries that keep our country running.
OSHA requires that employers provide training to their workers on certain job hazards and safe methods for performing work. Investigators will now check and verify that training was provided in a language and vocabulary that the workers understand.
Postal Service fined $558,000
The U.S. Postal Service has been cited by OSHA for alleged willful and serious violations of safety standards at the Providence Processing and Delivery Center. Following an OSHA inspection conducted in response to employee complaints, the Postal Service is facing $558,000 in fines, chiefly for electrical and lockout/tagout hazards.
OSHA inspectors found untrained or unqualified workers were performing tests on live electrical equipment without personal protective equipment, safety-related work practices, and warning signs, as well as working on equipment that had not been de-energized. In addition, inspections of hazardous energy control procedures were conducted by employees who lacked the knowledge and training to determine if those procedures were performed correctly.
As a result of these conditions, OSHA has issued the Postal Service eight willful citations, with $530,000 in proposed fines. A willful violation is one committed with plain indifference to or intentional disregard for employee safety and health.
The Postal Service exposed workers at the Providence facility to the potentially fatal hazards of shock, electrocution, and arc-flash, says OSHA.
Four serious citations were also issued, with $28,000 in proposed fines, for failure to develop procedures and provide training for locking out machines' power sources to prevent their unexpected startup during service and for other related hazards. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
New eTool: Protecting electric power workers
A new Web-based eTool from the Occupational Safety and Health Administration (OSHA) helps employers protect the safety of electric power workers.
Approximately 80 workers die from electric shock each year while working on electrical equipment or related utility operations, says OSHA.
Recent deaths have illustrated the dangers of working with electric power. A worker installing decorative lights on a tree was electrocuted after touching a high-powered overhead electrical line. Another worker was electrocuted after contacting an overhead high-voltage line with a portable light tower while working at a water main repair site
The new eTool addresses OSHA’s Electric Power Generation, Transmission, and Distribution standard and explains steps for assuring worker safety, such as providing personal protective equipment, using lockout/tagout procedures to prevent startup of energized equipment and following safety requirements when working on or near power lines. The eTool also discusses employers’ training obligations under the standard.
For other OSHA eTools: www.osha.gov/dts/osta/oshasoft/index.html.
OSHA testifies on raising penalties
OSHA Chief Dr. David Michaels recently testified before the House Subcommittee on Workforce Protections in support of the Protecting America’s Workers Act (PAWA), a bill that would stiffen penalties for safety and health violations.
Most employers want to do the right thing, but some will only comply with OSHA rules if there are strong incentives to do so, stated Michaels. Current OSHA penalties are not strong enough to provide adequate incentives and are low in comparison to those of other health agencies.
For example, when a tank of sulphuric acid exploded at a Delaware oil refinery, killing an employee, the OSHA penalty was only $175,000. But in the same incident, thousands of dead fish and crabs were discovered, allowing the Environmental Protection Agency to issue a Clean Water Act citation of $10 million. Michaels asked the subcommittee to empower OSHA to send a stronger message.
The PAWA would also strengthen workers’ voices in the workplace, expand the rights of victims and their families, expand OSHA coverage to public employees, and require the abatement of serious, willful, and repeat hazards during the citations contest period.
For Michaels’ testimony: www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=TESTIMONIES&p_id=1062
Whistleblower awarded $1M
OSHA has ordered a Nashville bank to reinstate a corporate officer fired in violation of the Sarbanes-Oxley Act and pay him more than $1 million in back wages and other relief.
Sarbanes-Oxley provides protection to workers who report alleged violations of mail, wire, bank, and securities fraud; violations of rules or regulations of the Securities and Exchange Commission; or federal laws relating to fraud against shareholders. OSHA is charged with enforcing these whistleblower provisions.
In a complaint filed with the agency, the bank officer claimed he was put on administrative leave after raising concerns about internal controls, employee accounts, insider trading, and other issues. The officer first raised concerns to the bank’s audit committee and later to the Federal Deposit Insurance Corp. and the Tennessee Department of Financial Institutions.
OSHA also enforces a variety of other statutes protecting employees who report violations of various securities laws; trucking, airline, nuclear power, pipeline, environmental, rail, and workplace safety and health regulations; and consumer product safety laws. Fact sheets and detailed information on employee whistleblower rights are available online at www.osha.gov/d mep/oia/whistleblower/index.html.
DOL issues exemption for Ford’s retiree health plan
The Department of Labor’s Employee Benefits Security Administration has granted an exemption allowing the Ford Motor Co. to transfer company securities to a voluntary employee beneficiary association trust (VEBA) that funds a new health plan for Ford retirees. The new health plan will cover more than 285,000 retirees and their dependents, and a small number of active employees.
Ford requested an exemption under the Employee Retirement Income Security Act (ERISA) to allow the VEBA trust to receive and hold employer securities of Ford in excess of the amount and kind typically allowed under the Act. ERISA gives the Labor Department authority to grant exemptions that protect the interests of plan participants and beneficiaries.
The assets of the VEBA plan will be held by the same trust that holds the assets of the plans established by Chrysler and General Motors for their respective retirees.
EPA finalizes greenhouse gas inventory
The U.S. Environmental Protection Agency (EPA) has released the 15th annual greenhouse gas inventory report, which shows a drop in overall emissions of 2.9% from 2007 to 2008. The downward trend is attributed to a decrease in carbon dioxide emissions associated with fuel and electricity consumption.
Total emissions of the six main greenhouse gases in 2008 were equivalent to 6,957 million metric tons of carbon dioxide. The gases include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Though overall emissions dropped in 2008, emissions are still 13.5% higher than they were in 1990.
The Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990–2008 is the latest annual report that the United States has submitted to the Secretariat of the United Nations Framework Convention on Climate Change. The convention sets a framework for intergovernmental efforts to tackle the challenge posed by climate change. EPA prepares the annual report with experts from multiple federal agencies and after gathering comments from a broad range of stakeholders across the country.
The inventory tracks annual greenhouse gas emissions at the national level and presents historical emissions from 1990 to 2008. The inventory also calculates carbon dioxide emissions that are removed from the atmosphere by “sinks,” which occurs through the uptake of carbon by forests, vegetation, and soils.
State Senate preparing to vote on costly workers' comp bill
The Connecticut State Senate will vote soon on a proposal that may dramatically increase employers’ workers' compensation costs. Under Senate Bill 61:
- Employers (or their insurers) will not be able to require employees to get pre-approval for "routine" medical exams and treatments in workers' compensation cases.
- Employees will be able to seek routine medical exams and treatments whenever they choose. "Routine" is defined as anything recommended by a physician or surgeon.
- State bureaucrats (workers' compensation commissioners) will decide what the appropriate care is when disputes arise—not physicians and other medical professionals
With these changes, reforms made to Connecticut’s workers' comp system that have controlled costs and curbed abuses will be lost. Employers’ workers' comp costs will rise and it will be impossible to predict by how much. By taking away an employer's right to pre-approve treatments, “routine” treatments of all kinds will be more frequent and may be done without limitation, leaving employers powerless to stop abuses of the system.
CBIA is encouraging its members to contact their state senator today and tell him or her to vote “No” on SB-61.
Connecticut is nationally known and highly regarded for its workers' comp system. Lawmakers should not try to fix something that's not broken, but keep the costs of doing business in Connecticut under control.
For more information, contact CBIA’s Kia Murrell at 860-244-1931 or kia.murrell@cbia.com.
On notice: Employers with high injury, illness rates
The Occupational Safety and Health Administration (OSHA) has sent letters to about 15,000 workplaces whose injury and illness rates are considerably higher than the national average.
Receipt of this letter means that workers in that particular establishment are being injured at a higher rate than in most other businesses of its kind in the country, says OSHA. These employers need to take immediate steps to protect their workers.
Employers receiving the letters were provided copies of their injury and illness data, along with a list of the most frequently cited OSHA standards for their specific industry. For help in reducing injuries and illnesses, the letter suggested, among other things, use of OSHA’s free safety and health consultation services for small businesses with 250 or fewer workers. The consultation program is administered through the states and is operated separately from OSHA’s enforcement program.
OSHA identified businesses with the nation’s highest rates of workplace injuries and illnesses through employer-reported data from a 2009 survey of about 100,000 worksites. Workplaces receiving notifications had injury and illness rates more than twice the national average.
For a list of employers receiving the letter: www.osha.gov/as/opa/foia/hot_16.html
For a list of OSHA’s consultation services: www.osha.gov/dcsp/smallbusiness/consult.html
Mining fatalities at all-time low
Data from the Department of Labor’s Mine Safety and Health Administration (MSHA) show that mine fatalities in 2009 fell to an all-time low for the second year in a row. Coal mines recorded 18 mining deaths, and metal/nonmetal mines recorded 16 mining deaths, for a combined total of 34 mining deaths nationwide and a significant drop from last year’s total of 53 deaths.
According to MSHA, key factors contributing to the record low number of deaths include enforcement of the Federal Mine Safety and Health Act of 1977 (which succeeded the 1969 Mine Act) and continued implementation of the Mine Improvement and New Emergency Response Act, enacted by Congress in 2006.
In 2009, MSHA assessed 173,000 civil penalties for violations of mine safety and health legal requirements. The dollar amount of assessed penalties totaled $140.7 million; twenty-five flagrant violations were assessed at a total of $3.4 million.
Of the 34 fatalities reported, 11 coal miners and 14 metal/nonmetal miners died at surface mines, while seven coal miners and two metal/nonmetal miners died at underground facilities. Seven coal miners and five metal/nonmetal miners died in accidents involving powered haulage, the leading cause of all fatal mining accidents in the U.S. during 2009.
While the numbers indicate vast improvements in safety, MSHA says there is work to be done on the health side. To that end, MSHA has launched a comprehensive program to end new cases of black lung among the nation’s coal miners. Based on recent data from the National Institute for Occupational Safety and Health, cases of black lung are increasing, with even younger miners showing signs of advanced lung disease from excessive dust exposure.
Defective protective vests: $4M pricetag
A Canadian weaver of ballistic fabrics and its American subsidiary have agreed to pay $4 million to settle a lawsuit over their role in the manufacture and sale of defective bullet-proof vests.
Lincoln Fabrics Ltd. used Zylon fiber to weave ballistic fabric for vests sold by several companies. These vests were purchased by the U.S., and by various state and local law enforcement agencies, who were partially reimbursed by the U.S.
According to the U.S. Department of Justice (DOJ), the Zylon in the vests lost its ballistic capability quickly, especially when exposed to heat and humidity. Lincoln was aware of the defective nature of the Zylon by at least December 2001, but continued to sell it until August 2005, when the National Institute of Justice issued a report that Zylon degraded quickly in ballistic applications. At that time, all American body armor manufacturers stopped using Zylon. The DOJ then sued Lincoln for violations of the False Claims Act and other related claims.
As part of the settlement, Lincoln has pledged to cooperate with the government’s ongoing investigation of the use of Zylon in body armor. The U.S. previously settled with six other companies for more than $54 million, and other lawsuits over Zylon are pending.
Eye wellness month
The National Safety Council (NSC) is reminding employers that March is Workplace Eye Wellness Month—a great time to review eye and face protection regulations with employees.
Thousands of eye injuries occur in the workplace each year, which makes wearing proper eye protection so important. All it takes is a tiny sliver of metal, particle of dust, or splash of chemical to cause significant and permanent eye damage.
According to OSHA’s eye and face protection standard (1910.133), “the employer shall ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gas or vapors, or potentially injurious light radiation.”
Whether on the job or working on projects around the house, remember to wear safety glasses, goggles, or face shields, says NSC. Follow employer guidelines or the safety instructions provided with the equipment, materials, or tools being used. Other NSC tips for employees:
- Make sure you have properly fitted protection. For example, if your safety glasses slip, or are crooked or too tight, adjust them.
- Keep your protective equipment clean to improve visibility. Wash it regularly with mild soap and water or eyeglass cleaner. Polish with a soft cloth or tissue.
- Use anti-dust and anti-fog sprays to help prevent buildup on your safety glasses.
- Store your protective equipment carefully to avoid damage when not in use. Any damage to lenses or shields can lessen the impact-resistance and result in inadequate protection.
For more on proper eye and face protection: www.osha.gov/SLTC/eyefaceprotection/index.html
Food distributor cited
A Connecticut wholesale food distributor is facing more than $58,000 in proposed fines following an OSHA inspection that ended with 25 citations for alleged violations of safety standards.
The citations address a cross section of mechanical, electrical, and exit access hazards. OSHA’s inspection found workers unable to open emergency exit doors from inside the workplace; a lack of specific procedures to lock out the power sources for compactors and other machines to prevent their unintended startup during service or maintenance; unguarded grinder, table saw, compactor, and other machinery; missing guardrails; no workplace hazard assessment to determine what types of personal protective equipment workers need; a deficient respiratory protection program; unlabeled lifting slings; improperly stored oxygen cylinders; and several electrical hazards.
These conditions resulted in OSHA issuing 20 serious citations with $55,750 in proposed fines. The agency issues serious citations when death or serious physical harm is likely to result from hazards the employer knew about or should have known about. The company also was issued five other-than-serious citations, with $3,000 in fines, chiefly for incomplete recording of injuries or illnesses.
WC practice violated ADA
Sears, Roebuck & Co. has agreed to pay $6,200,000 to settle a landmark disability lawsuit filed against the retail giant by the Equal Employment Opportunity Commission (EEOC).
In the lawsuit, the EEOC claimed that Sears maintained an inflexible workers’ compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the Americans with Disabilities Act (ADA). The case resulted in the largest ADA settlement in a single lawsuit in EEOC history.
Under the terms of the agreement, the EEOC provided claim forms to certain Sears employees who had been terminated under Sears’ workers’ compensation policy. The claimants were asked to report to the EEOC the extent of their impairments, their ability to return to work at Sears, and whether Sears had made any attempt to return them to work. Based on these criteria, the EEOC found that 235 individuals were eligible to share in the settlement. The average award was approximately $26,000. More than twenty claimants were found to be ineligible.
Protecting late-night retail workers
OSHA has updated its guidance document on how to protect late-night retail workers from workplace violence.
According to Bureau of Labor Statistics data, 167 retail trade workers were killed in 2007. Nearly half of these were employed in late-night establishments such as gas stations and liquor and convenience stores. Of these worker deaths, 39 were convenience store employees, 32 worked at gas stations, and seven worked in liquor stores.
The number of retail workers who died as a result of workplace violence has declined over the past 10 years—from 286 in 1998 to 167 in 2007, says OSHA. That decline is encouraging, but not good enough. Workers should not go to work fearing they won’t live through the day.
The updated guidance—Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments—identifies risk factors and describes feasible solutions. Although not exhaustive, these workplace violence guidelines include policy recommendations and practical corrective methods to help prevent and mitigate the effects of workplace violence in late-night retail establishments.
To access the guidance: www.osha.gov/Publications/osha3153.pdf
CDC: Tips for outdoor workers
The Centers for Disease Control and Prevention (CDC) urges people who work outdoors, as well as others affected by cold temperatures, to take steps to keep themselves safe and warm this winter.
Exposure to cold temperatures can cause serious and life-threatening health problems, including frostbite and hypothermia, says the CDC. For those who have to be outside, the agency offers these safety tips:
- Wear appropriate outdoor clothing: layers of light warm clothing, mittens, hats, scarves, and waterproof boots.
- Sprinkle sand or cat litter on icy patches.
- Be aware of the wind chill factor.
- Work slowly when doing outside chores.
- Let others know where you are headed; if possible, use a buddy system.
- Carry a cell phone.
The CDC also advises workers who drive alone or those who have field-based assignments, such as sale calls or home visits, to keep an emergency kit in the car. An emergency kit should include: blankets; food and water; booster cables, flares, a tire pump, and a bag of sand or kitty litter (for traction); a compass and maps; a flashlight, battery-powered radio, and extra batteries; a first aid kit; and plastic bags for sanitation.
For more information: www.cdc.gov/media/pressrel/2010/a100105.htm
Injury database goes public
Every year since 1996, OSHA has collected work-related injury and illness data from more than 80,000 employers. For the first time, the agency has made the data from 1996 through 2007 available in a searchable online database, allowing the public to look at establishment- or industry-specific injury and illness data. The data is available at http://www.osha.gov/pls/odi/establishment_search.html and Data.gov.
OSHA uses the data to calculate injury and illness rates to guide its strategic management plan and focus its Site Specific Targeting Program.
The database information includes an establishment’s name, address, industry, associated Total Case Rate (TCR), Days Away, Restricted, Transfer (DART) case rate, and the Days Away From Work (DAFII) case rate. The data is specific to the establishments that provided OSHA with valid data through the 2008 data collection (collection of calendar year 2007 data). The database does not contain rates calculated by OSHA for establishments that submitted suspect or unreliable data.
EPA acts on “chemicals of concern”
The U.S. Environmental Protection Agency (EPA) has announced a series of actions on four chemicals that are used in the manufacture of a wide array of products and have raised serious health and environmental concerns. Those chemicals include: phthalates; short-chain chlorinated paraffins; polybrominated diphenyl ethers (PBDEs); and perfluorinated chemicals, including PFOA. The announced actions:
- Placing phthalates and PBDE chemicals on a first ever “Chemicals of Concern” list
- Beginning a process that could lead to risk reductions actions for several phthalates, short-chain chlorinated paraffins, and perfluorinated chemicals
- Reinforcing a DecaPDE phaseout—which will take place over three years—with requirements to ensure that any new uses of PBDEs are reviewed by the EPA prior to returning to the market
The decision to list the chemicals signals the EPA ’s strong concern about the risks that these chemicals pose and the agency’s intention to manage those risks. Once listed, chemical companies can provide information to the EPA if they want to demonstrate that their chemical does not pose an unreasonable risk to health and the environment.
DOT: No texting by truck drivers
The U.S. Department of Transportation (DOT) has announced a federal ban on texting by drivers of commercial vehicles such as large trucks and buses.
DOT says its research shows that drivers who send and receive texts messages take their eyes off the road for an average of 4.6 seconds out of every six seconds while texting. At 55 miles per hour, that means the driver is traveling the length of a football field, including the end zones, without looking at the road. Drivers who text while driving are more than 20 times more likely to get into an accident.
The ban covers commercial vehicle drivers who drive in interstate commerce to transport passengers or property when the vehicle:
- Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
- Is designed or used to transport more than eight passengers, including the driver, for compensation; or
- Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
- Is used in transporting hazardous materials in a quantity requiring placarding under federal regulations.
For details:http://frwebgate6.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=43099514295+1+1+0&WAISaction=retrieve
Dip in WC mileage rate
The Workers’ Compensation Commission has reduced the mileage reimbursement rate for all travel expenses incurred on or after Jan. 1, 2010, to 50 cents per mile, down from 55 cents last year.
The new rate applies to all claimants, regardless of injury date, who use their private motor vehicles to travel to medical appointments necessitated by work-related injuries. The rate coincides with the federal mileage reimbursement rate.
To learn more about mileage reimbursement rates, including those for travel expenses incurred in past years go to: http://wcc.state.ct.us/gen-info/rec-legis/01-mileage.htm
OSHA proposes recordkeeping change
The Occupational Safety and Health Administration has proposed changing its Form 300 Log of Work-Related Injuries and Illnesses by adding a separate column for musculoskeletal disorders (MSDs). The agency says the proposed rule does not change existing requirements for when and under what circumstances employers must record MSDs.
OSHA first proposed an MSD column in 2001. At the time, the injury and illness log contained a column for repetitive trauma disorders that included both MSDs and hearing loss. OSHA separated MSDs and hearing loss into two columns, but the MSD column was deleted before the provision became effective. The agency is now proposing to restore the MSD column to improve the accuracy of reported illness data.
Interested parties may submit comments on the proposed rule electronically at http://www.regulations.gov, the federal e-rulemaking portal; or by mailing three copies to the OSHA Docket Office, Room N-2625, U.S. Department of Labor, 200 Constitution Ave. NW, Washington, DC 20210; or by fax at 202-693-1648 if the comments and attachments do not exceed 10 pages.
Comments must include the agency name and docket number for this rulemaking (Docket Number OSHA-2009-0044). The deadline for submission is March 15.
To access the proposal: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=21314
Time to post injury summary
The Occupational Safety and Health Administration (OSHA) is reminding employers about the requirement to post the OSHA 300A summary of the total number of work-related injuries and illnesses that occurred last year. Only the 300A summary—not the OSHA 300 log—must be posted from February 1 to April 30.
The form should be posted in a common area where other employee notices are usually displayed. A copy of the summary must also be made available to workers who move from worksite to worksite or who do not report to any fixed worksite on a regular basis.
The summary must include the total number of job-related injuries and illnesses that occurred in 2009 and were logged on the OSHA 300. To assist in calculating incidence rates, information about the annual average number of employees and total hours worked during the calendar year is also required. If a company recorded no injuries or illnesses in 2009, the employer must enter "zero" on the total line. The form must be signed and certified by a company executive.
Employers with 10 or fewer employees and employers in the retail, services, financial, insurance, and real estate sectors are normally exempt from OSHA recordkeeping and posting requirements. A complete list of exempt industries can be found on OSHA’s website.
Big payoff for driver pre-hire screens
A study by Atlas Ergonomics, an ergonomic service and technology provider, shows that systemic physical screenings of truck drivers prior to hiring led to a 7% reduction in lost work days, saving a long haul carrier $28 million in just two years, a return of $25 for every dollar spent on the program.
From 2007 to 2009, Atlas screened approximately 20,000 driver candidates for the carrier—after a conditional job offer had been made but before work began. The study, part of Atlas’ ongoing research into transportation industry ergonomics, reviewed and quantified the effects of a pre-work screen (PWS) program in addressing drivers’ risks of musculoskeletal disorders (MSDs).
MSDs are especially costly to the commercial transportation industry. Data from the Bureau of Labor Statistics and the Washington State Department of Labor spotlight the industry’s high rates of overexertion injuries. Combined with a high level of employee turnover, these injuries cost trucking companies millions of dollars annually in direct and indirect injury expenses.
Atlas says the research shows that by assessing drivers’ physical risks following a conditional job offer, a screening program can match physical abilities with the physical demands of the job. This in turn reduces injuries and costs.
To request a copy of the study: http://www.atlasergo.com/about_contact.aspx
New videos on respirator safety
OSHA has developed two new videos for healthcare workers that feature training and guidance on respirator safety.
The agency’s Respirator Safety video demonstrates how to correctly put on and take off common types of respirators, such as N95s. The Difference between Respirators and Surgical Masks video explains how they prevent exposure to infectious diseases.
Respirators play an important role in protecting many workers from exposure to chemical and biological hazards in the workplace, says OSHA. At a time when pandemic influenza has highlighted the risk to healthcare workers, the new videos will prepare and protect workers from the very illnesses they are responsible for treating.
The videos also explain how workers can perform a user seal check to test whether a respirator is worn properly and will provide the expected level of protection. Visitors may watch both an English and Spanish version by visiting OSHA’s Respiratory Protection page or the Department of Labor’s YouTube site.
Region 1 contractor fined for cave-in hazard
A Massachusetts construction company has been fined more than $55,000 after an OSHA inspector observed a company employee working in an unprotected 6-foot deep excavation at a Braintree, MA worksite.
An OSHA inspection found that the trench lacked both cave-in protection and a ladder or other safe means for workers to exit the trench. OSHA standards require that all excavations 5 feet or deeper be protected against collapse. In addition, an excavator, driven to the edge of the trench, caused soil and rocks to fall into the trench.
No one ever thinks the trench he or she is working in will collapse, but the fact is cave-ins happen in seconds, says OSHA, crushing and burying workers beneath tons of soil and debris before they have a chance to escape. That’s why mandatory safeguards must be in place and in use at all times.
As a result of its findings, OSHA has issued the company two willful citations, with $50,000 in fines, for the unprotected excavation and missing ladder; two serious citations, with $4,000 in fines, for the excavator at the trench’s edge and for the lack of high visibility vests for an excavator operator exposed to vehicular traffic; and one other-than-serious citation, with a $1,200 fine, for an incomplete injury and illness log.
For detailed information on trenching hazards and safeguards, including an OSHA Quickcard:
http://www.osha.gov/SLTC/trenchingexcavation/construction.html and http://www.osha.gov/Publications/trench/trench_safety_tips_card.pdf.
Booklet on hexavalent chromium
A booklet outlining industry requirements for hexavalent chromium standards is now available on OSHA’s website.
Workers exposed to hexavalent chromium can develop lung cancer and damage to the nose, throat, and respiratory system. Inhaling its fumes can cause allergic reactions or asthmatic symptoms, such as wheezing and shortness of breath.
The chemical is used in pigments, metal finishing, wood preservatives and fungicides. Workers may also be exposed to hexavalent chromium fumes generated during welding of chromium metal alloys.
Hexavalent chromium is a powerful lung carcinogen, says OSHA, and exposure must be minimized.
The booklet explains OSHA’s requirements for exposure limits, exposure monitoring and determination, protective work clothing and equipment, medical surveillance, communication of hexavalent chromium hazards, and recordkeeping.
To print free copies: http://www.osha.gov/Publications/OSHA-3373-hexavalent-chromium.pdf
Tips for greening your break room
—reprinted with permission from Business & Legal Resources (BLR)
Businesses going green is hot as companies seek to reduce the effects of climate changes and want to be seen as responsible. But it means more than that. Businesses with conservation programs know that conservation benefits their bottom line.
Start a conservation program with these tips to cut down on waste (and spending) in your break room:
- Waste not. Use real dishes, not disposable products. All you need is a sink, soap, sponge and dish rack.
- If you must. If your only option is to use disposable cold cups, plates, or cutlery, look for sustainable products, especially compostable ones—avoid Styrofoam products and plastic.
- Make yourself at home. Have everyone bring in their own mug from home, or purchase some mugs, cups, cutlery, plates, and bowls for the break room.
- Buy Energy Star. If you must buy new appliances, look for energy efficient ones, ones that are Energy Star certified. This is another green tip that also saves money.
- Lose the baggage. Cut down on needless packaging. For example, share milk and cream for coffee instead of using individual cream or creamer packets, and spoons for stirring instead of disposable stirrers.
- Skip the water cooler. If you don’t like your tap water, consider a water filter in the fridge instead of a water cooler or individual bottled water. This one will save you a ton of money!
- Unplug the energy vampires. Plug all the nonfridge appliances, such as microwave, coffee maker/grinder, toaster, etc., into a power strip (surge protector) so that you can switch their power off at the end of the day. Appliances plugged in, even if not in use, suck some energy.
It means more that just protecting the environment—conservation, and investing in conservation programs, means saving money.
BLR is the leading provider of employment, safety and environmental compliance solutions. For more information, visit www.BLR.com or call 800-727-5257.
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