“Worker Fainting At The Sight Of His Own Blood Deemed A “Work Related” Recordable Incident By OSHA”



We all know people who get light-headed at the sight of blood. The U.S. Occupational Safety and Health Administration (OSHA) has issued an interpretation letter, advising that an incident in which a worker fainted at the sight of his own blood was “work-related”.

The worker in question had scratched his finger on a vinyl saw clamp at work. The injury was minor, and a Band-Aid was the only first aid treatment sought. However, while a co-worker applied the Band-Aid, the worker fainted at the sight of his own blood. He regained consciousness and no further treatment was needed.

The worker’s employer asked OSHA to clarify whether the event was work-related so that the employer was required to “record” the event on an OSHA form. The law required the employer to report a work-related injury or illness if it results in unconsciousness.

Because the employee fainted, OHSA determined that the fainting spell was work-related.

The case is a reminder that some injuries and accidents that appear not to be work-related, may be reportable. For instance, in Ontario, employers are required to report “critical injuries” to the Ontario Ministry of Labour, including “an injury of a serious nature that . . . produces unconsciousness”.

OHSA’s interpretation letter may be read here: 


Source: Lexology

“Comprehending PPE Cut Levels”



Download PDF File of above graphic here: https://www.magidglove.com/assets/item/document/Cut_Level_Infographic.pdf

“Substantial OSHA Penalty Increases Are Coming”

OSHA inspection-1


OSHA penalties are going up. EPA’s penalties are going up, too. However, while EPA penalties have been going up modestly every four years to take inflation into account, OSHA penalties have not increased in 25 years. Maximum OSHA penalties may jump as much as about 78 percent next year. For a provision quietly tucked away in budget legislation, this packs quite a punch.

The Legislative Change

On November 2, 2015, President Obama signed into law the Bipartisan Budget Act of 2015.[1] Section 701 of that legislation is the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Adjustment Act). The 2015 Adjustment Act amends the Federal Civil Penalties Inflation Adjustment Act of 1990[2] to remove the OSHA exemption to the requirement that civil monetary penalties be periodically increased to account for inflation. The amendment also changed the frequency of the inflation increases from “once every 4 years”[3] to “every year.”

In addition, the new law entitles OSHA to a single “catch up” penalty increase to account for the lack of periodic penalty increases, which “shall take effect no later than August 1, 2016.” OSHA is authorized to calculate this initial increase based on the percentage difference between the Consumer Price Index (CPI) in October 2015 and the CPI in October of the calendar year that the civil penalty was last adjusted under any different law.[4] In this instance, because OSHA penalties have not been adjusted since 1990, the catch-up penalty increase will be based on the October 1990 CPI as compared to the October 2015 CPI.

Past Efforts to Raise Maximum OSHA Penalties

Under section 17 of the Occupational Safety and Health Act of 1970 (OSH Act), OSHA penalties for “willful” or “repeat” violations have a maximum civil penalty of $70,000 but not less than $5,000 for each willful violation.[6] Penalties for “serious” violations have a maximum of $7,000 per violation. Those figures have remained static since 1990 despite repeated efforts to increase them.

For example, in 2009, a Senate bill and a House bill,[7] both entitled the Protecting America’s Workers Act, would have amended section 17 of the OSH Act with one-time maximum civil penalty increases. The $70,000 “willful” violation maximum would have been increased to $120,000 but not less than $8,000 (up from $5,000). The penalties for “serious” violations would have increased from a maximum of $7,000 to a maximum of $12,000, and penalties for “serious” violations that result in employee fatalities would have been increased to a maximum of $50,000 but not less than $20,000 for employers with more than 25 employees. The proposed legislation did not pass either House of Congress.[8] This year, updated versions of the Protecting America’s Workers Act were introduced which would make the same adjustments in penalties.[9]

After more than 25 years and extensive legislative effort, OSHA penalties are poised for a significant initial increase, due to a provision added to an appropriations bill without hearings or debate.

– See more at: http://www.natlawreview.com/article/substantial-osha-penalty-increases-are-coming#sthash.7gS1L0zq.dpuf

Forklift Safety – “Are Your Employees Trained Properly?”

Note: This video may sound and seem funny, but it’s not, these are dangerous acts and accidents!

Frequently Asked Questions about Powered Industrial Truck Operator Training

The powered industrial truck operator training requirements apply to all industries where trucks are being used, except agricultural operations.

1. What is the definition of a powered industrial truck?

Any mobile power-propelled truck used to carry, push, pull, lift, stack or tier materials. Powered industrial trucks can be ridden or controlled by a walking operator. Earth moving and over the road haulage trucks are not included in the definition. Equipment that was designed to move earth but has been modified to accept forks are also not included.

2. What does the standard require?

The standard requires employers to develop and implement a training program based on the general principles of safe truck operation, the types of vehicle(s) being used in the workplace, the hazards of the workplace created by the use of the vehicle(s), and the general safety requirements of the OSHA standard. Trained operators must know how to do the job properly and do it safely as demonstrated by workplace evaluation. Formal (lecture, video, etc.) and practical (demonstration and practical exercises) training must be provided. Employers must also certify that each operator has received the training and evaluate each operator at least once every three years. Prior to operating the truck in the workplace, the employer must evaluate the operator’s performance and determine the operator to be competent to operate a powered industrial truck safely. Refresher training is needed whenever an operator demonstrates a deficiency in the safe operation of the truck.

3. Does OSHA provide a list of topics to include in my training program?

Yes. The standard provides a list of training topics; however, the employer may exclude those topics which are not relevant to safe operation at the employee’s work location.

4. Who should conduct the training?

All training and evaluation must be conducted by persons with the necessary knowledge, training, and experience to train powered industrial truck operators and evaluate their competence. An example of a qualified trainer would be a person who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience has demonstrated the ability to train and evaluate powered industrial truck operators.

There are many resources available to the employer if he/she chooses not to perform the training himself. Truck manufacturers, local safety and health safety organizations, such as the National Safety Council local chapters, private consultants with expertise in powered industrial trucks, local trade and vocational schools are some available resources.

Various Internet sites are devoted to forklift safety. Private companies who provide forklift safety training services, including videos and written programs, can be located on various Internet websites. Most videos can be either leased or purchased. One important thing to remember is that simply by showing employees a video or videos on some aspect of forklift safety does not meet the full requirements of the OSHA standard. Site specific information must be conveyed as well as a method to evaluate the employee’s acquired knowledge subsequent to the training.

5. If my employees receive training from an outside consultant, how will I know that these employees have been adequately trained?

Outside qualified training organizations can provide evidence that the employee has successfully completed the relevant classroom and practical training. However, each employer must ensure that each powered industrial truck operator is competent to operate a truck safely, as demonstrated by the successful completion of the training and evaluation.

6. My employees receive training from the union on the use of powered industrial trucks. Will I have to provide any additional training?

When a worker reports to work, the employer must evaluate the employee to ensure that he/she is knowledgeable about the operation of the powered industrial trucks he/she will be assigned to operate. This evaluation could be as simple as having a person with the requisite skills, knowledge and experience observe the operator performing several typical operations to ensure that the truck is being operated safely and asking the operator a few questions related to the safe operation of the vehicle. If the operator has operated the same type of equipment before in the same type of environment that he/she will be expected to be working, then duplicative or additional training is not required.

7. Is testing required?

No. The standard does not specifically require testing; however, some method of evaluation is necessary.

8. Does OSHA require the employer to issue licenses to employees who have received training?

No. The OSHA standard does not require employees to be licensed. An employer may choose to issue licenses to trained operators.

9. What type of records or documentation must I keep?

The OSHA standard requires that the employer certify that each operator has received the training and has been evaluated. The written certification record must include the name of the operator, the date of the training, the date of the evaluation, and the identify of the person(s) performing the training or evaluation.

10. How long must I keep the certification records?

Employers who evaluate the operator’s performance more frequently than every three years may retain the most recent certification record; otherwise, certification records must be maintained for three years.

11. If my employees receive training, but accidents still continue to occur, what should I do?

Refresher training in relevant topics is necessary when the operator has been involved in an accident or near-miss incident.

12. Is annual training required?

No. An evaluation of each powered industrial truck operator’s performance is required to be conducted after initial training, after refresher training, and at least once every three years.

13. How often must refresher training be given?

The standard does not require any specific frequency of refresher training. Refresher training must be provided when:

  1. The operator has been observed to operate the vehicle in an unsafe manner.
  2. The operator has been involved in an accident or near-miss incident.
  3. The operator has received an evaluation that reveals that the operator is not operating the truck safely.
  4. The operator is assigned to drive a different type of truck.
  5. A condition in the workplace changes in a manner that could affect safety operation of the truck.

14. If my employees have already received training, or have been operating trucks for many years, must I retrain them?

No. An employer does not need to retrain an employee in the operation of a powered industrial truck if the employer certifies that the operator has been evaluated and has proven to be competent to operate the truck safely. The operator would need additional training in those elements where his or her performance indicates the need for further training and for new types of equipment and areas of operation.

15. How do I evaluate my employee’s competency to operate a truck safely?

Evaluation of an operator’s performance can be determined by a number of ways, such as:

  • a discussion with the employee
  • an observation of the employee operating the powered industrial truck
  • written documentation of previous training
  • a performance test

16. Does OSHA provide training to my truck operators?

No. It is the employer’s responsibility to train the employees.

17. Do I have to train all employees in my workplace?

Any employee that operates a powered industrial truck must be trained.

18. Do I have to ensure that my operator’s are physically capable of driving a powered industry truck?

The new standard does not contain provisions for checking vision, hearing or general medical status of employees operating powered industrial trucks. The Americans With Disabilities Act (ADA) addresses the issue of whether employers may impose physical qualifications upon employees or applicants for employment. The ADA permits employers to adopt medical qualification requirements which are necessary to assure that an individual does not pose a “direct threat to the health or safety of other individuals in the workplace” provided all reasonable efforts are made to accommodate otherwise qualified individuals.

19. I have three different types of trucks in my workplace. Can I provide training on just one type of truck?

If an operator will be expected to operate all three types of vehicles, then training must address the unique characteristics of each type of vehicle the employee is expected to operate. When an attachment is used on the truck to move odd-shaped materials, then the operator training must include instruction on the safe conduct of those operations so that the operator knows and understands the restrictions or limitations created by each vehicle’s use.

20. I only have powered hand trucks in my workplace. Do the training requirements cover the operators of this type of vehicle? The operator walks alongside the unit while holding onto the handle to guide it.

Yes. The use of powered hand trucks present numerous hazards to employees who operate them and those working in the area where they are used.

21. I employ drivers from a temporary agency. Who provides them training – the temporary service or me?

OSHA has issued several letters of interpretations on the subject of training of temporary employees. Basically, there is a shared responsibility for assuring employees are adequately trained. The responsibility for providing training should be spelled out in the contractual agreement between the two parties. The temporary agency or the contracting employer may conduct the training and evaluation of operators from a temporary agency as required by the standard; however, the host employer (or other employer who enters into a contract with the temporary agency) must provide site-specific information and training on the use of the particular types of trucks and workplace-related topics that are present in the workplace.

22. Should my training include the use of operator restraint devices (e.g. seat belts)?

Employers are required to train employees in all operating instructions, warnings, and precautions listed in the operator’s manual for the type of vehicle which the employee is being trained to operate. Therefore, operators must be trained in the use of operator restraint systems when it is addressed in the operating instructions.

23. What does OSHA expect to achieve as a result of improved operator’s training?

OSHA’s goal is to reduce the number of injuries and illnesses that occur to workers in the workplace from unsafe powered industrial truck usage. By providing an effective training program many other benefits will result. Among these are the lower cost of compensation insurance, less property damage, and less product damage.

24. Where can I get additional information about OSHA standards?

For more information, contact your local or Regional OSHA office (listed in the telephone directory under United States Government – Department of Labor – Occupational Safety and Health Administration). OSHA also has a Home Page on the Internet.


“Periodic Table of Environmental, Health and Safety Programs “


An EH&S program is made up of many elements. As a way of organizing some of the most important features towards EH&S success, we created this periodic table. We broke these elements into 8 major categories of EH&S success (sustainability, safety, compliance, etc.) to help keep things organized.

This is by no means a complete list of everything EH&S, but we did include many of the things we saw as most important. Click on the preview image above for a full-size clickable version. Print it out and hang it in your workspace!


“What’s In It For Me? WIIFM in Safety”

Jack Benton:

Another excellent post by my good friend Phil La Duke. Great Read!

Originally posted on Phil La Duke's Blog:


By Phil La Duke

Let’s suppose your spouse’s cousin asks you for a favor…a big favor (not a sexual favor get your mind out of the gutter). After he unveils his scheme to make big money with little effort and all he needs from you is $10,000 and he can see a $80,000 return in just six short months. Since he makes no mention of interest, a reciprocal favor, or even of paying you back, you’re likely to ask, “why should I?” or “What’s in it for me?” After all $10 grand is a lot of money (about a third of a good safety practitioner’s annual wage) and you worked hard for it…well not exactly hard, I mean you weren’t working in a limestone quarry swinging a pickaxe…but you did earn it…okay some might argue with that point as well…at any rate it’s YOURS and you aren’t just going to…

View original 985 more words


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