The True Cost Of Work Related Injuries – Accidents Cost More Than People Realize!

The True Cost Of Work Related Injuries – An infographic by the team at SafetyVideos.com

“The Complexities Of Medical Marijuana In The Workplace” #Safety #RX

feature_marijuana_workplace

With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana. Currently, 28 states* and Washington, D.C., have legalized marijuana use for certain medicinal purposes, and eight states** and the District of Columbia have legalized marijuana for recreational purposes to some extent. The rules and regulations implementing these changes won’t be finalized and put into effect immediately – for instance, the Florida Department of Health has until July 3, 2017 to promulgate regulations for licensing and distribution and until October 3, 2017 to begin issuing medical marijuana identification cards. Even so, it’s best to analyze the impact of the changing marijuana landscape now and prepare for the future.

The 2016 Election and Marijuana Policy

To be clear, marijuana remains illegal under federal law. As recently as August 2016, the U.S. Drug Enforcement Administration restated that marijuana has no acceptable recreational or medicinal purpose, and should remain a Schedule I substance on the Controlled Substances Act. For perspective, heroin and ecstasy are also classified as Schedule I substances.

President-elect Donald J. Trump did not make marijuana policy a priority during his election campaign, and it’s uncertain how his administration will address this issue. On many other issues, Trump indicates a willingness to defer to states. But, certain of President-elect Trump’s picks, including Senator Jeff Sessions for Attorney General and Rep. Tom Price for Secretary of Department of Health and Human Services, suggest the new administration will be less tolerant of marijuana use. As Attorney General, Senator Sessions could renounce the Cole and Ogden Memos issued under the Obama administration, which, in part, state that the Department of Justice will not interfere with businesses and individuals operating legally under state cannabis laws, as long as organized crime and sales to minors are not implicated. Given Sessions’ comments as a U.S. Attorney in Alabama in the 1980s that he thought the KKK “were OK until I found out they smoked pot,” his criticism of FBI Director James Comey and Attorneys General Eric Holder and Loretta Lynch for not vigorously enforcing the federal prohibition, and his floor speech last year stating that marijuana “is already causing a disturbance in the states that have made it legal,” a change in federal enforcement may be in store.

Workplace Safety Remains a Priority

Employers continue to be required to provide employees with a safe workplace and should not compromise safety due to an employee’s use of any legal prescription medication, including medical marijuana. Under OSHA regulations, employers can continue to have drug-free workplace policies, and should prohibit the use of or being under the influence of controlled substances while at work. An article in the Journal of Occupational and Environmental Medicine from May 2015 noted that there is a “likely statistical association between illicit drug use (including marijuana) and workplace accidents.” Additionally, the National Institute on Drug Abuse reports that marijuana’s effects on attention, memory, and learning can last for days, or even weeks, after use. Companies with employees who work in the public sector, such as in transportation, or employees who work in safety-sensitive positions, or operate heavy machinery, should be especially cautious of safety concerns.

Can an employer continue to enforce a zero-tolerance drug policy with regards to pre-employment screening and random drug testing?

Particularly in the three states where medical marijuana is newly legal (Florida, Arkansas, and North Dakota), employers are left wondering what to do about pre-employment screening and random drug testing.

Employers in states that explicitly say employers have no duty to accommodate medical marijuana users can probably rely on such language when screening or discharging applicants or employees for marijuana-positive drug tests results. In Florida, for example, Amendment 2 provides that the law shall not “require any accommodation of any on-site medical use of marijuana” in any place of employment. This presumably means that in Florida, an employer may prohibit an employee from using and/or being under the influence of medical marijuana at the workplace. Similarly, in 2015, in Coats v. Dish Network, LLC, the Supreme Court of Colorado affirmed the termination of employment of an employee who tested positive for marijuana despite having used the drug off-duty for a medicinal purpose, because such use violated federal law and the employer’s drug policy.

In some states, the medical marijuana laws expressly prohibit employment discrimination against medical marijuana users. There may be a potential risk of a claim (such as for disability discrimination under a state equivalent of the federal ADA) in these states by individuals who use marijuana for a medical purpose and are subjected to adverse employment actions. Where state law requires employers to make reasonable accommodations for medical marijuana users, or makes it unlawful for an employer to take an adverse action against an applicant or employee based on medical marijuana use, employers there must be particularly cautious and may need to modify screening and testing policies in order to remain compliant with state law.

What about post-accident testing?

How do employers reconcile automatic drug-testing required by workers’ compensation laws with the new state laws legalizing medical marijuana? Can an employer still require employees to undergo post-accident testing?

Generally, federal law permits employers to test for drugs during accident investigations. In 2016, in a final rule and subsequent clarifying Memorandum, OSHA stated it does not prohibit employers from drug testing employees who report work-related injuries and illnesses as long as the employer has an objectively reasonable basis for conducting the testing, i.e., that the employer can show a reasonable basis for believing that drug use could have contributed to the reported injury or illness. OSHA prohibits the use of drug testing by employers as a form of discipline against employees who report workplace related injuries or illnesses.

Conclusion

The trend towards legalizing marijuana, at least for medical purposes, has continued at the state level. It remains to be seen how the courts and federal agencies will interpret and enforce the laws in 2017. The bottom line is that employers who have not yet determined how they will deal with workplace issues relating to marijuana should do soon.

 

* Medical: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.

** Recreational: California, Washington, Oregon, Alaska, Colorado, Massachusetts, Nevada, and Maine

Source: JD Supra

“Top 10 OSHA Citations of 2016: A Starting Point for Workplace Safety”

OSHAupdate

Every October, the Department of Labor’s Occupational Safety and Health Administration releases a preliminary list of the 10 most frequently cited safety and health violations for the 2016 fiscal year, compiled from nearly 32,000 inspections of workplaces by federal OSHA staff.

One remarkable thing about the list is that it rarely changes. Year after year, our inspectors see thousands of the same on-the-job hazards, any one of which could result in a fatality or severe injury.

More than 4,500 workers are killed on the job every year, and approximately 3 million are injured, despite the fact that by law, employers are responsible for providing safe and healthful workplaces for their workers. If all employers simply corrected the top 10 hazards, we are confident the number of deaths, amputations and hospitalizations would drastically decline.

Consider this 2016 list a starting point for workplace safety:

  1. Fall protection
  2. Hazard communication
  3. Scaffolds
  4. Respiratory protection
  5. Lockout/tagout
  6. Powered industrial trucks
  7. Ladders
  8. Machine guarding
  9. Electrical wiring
  10. Electrical, general requirements

It’s no coincidence that falls are among the leading causes of worker deaths, particularly in construction, and our top 10 list features lack of fall protection as well as ladder and scaffold safety issues. We know how to protect workers from falls, and have an ongoing campaign to inform employers and workers about these measures. Employers must take these issues seriously.

We also see far too many workers killed or gruesomely injured when machinery starts up suddenly while being repaired, or hands and fingers are exposed to moving parts. Lockout/tagout and machine guarding violations are often the culprit here. Proper lockout/tagout procedures ensure that machines are powered off and can’t be turned on while someone is working on them. And installing guards to keep hands, feet and other appendages away from moving machinery prevents amputations and worse.

Respiratory protection is essential for preventing long term and sometimes fatal health problems associated with breathing in asbestos, silica or a host of other toxic substances. But we can see from our list of violations that not nearly enough employers are providing this needed protection and training.

The high number of fatalities associated with forklifts, and high number of violations for powered industrial trucksafety, tell us that many workers are not being properly trained to safely drive these kinds of potentially hazardous equipment.

Rounding out the top 10 list are violations related to electrical safety, an area where the dangers are well-known.

Our list of top violations is far from comprehensive. OSHA regulations cover a wide range of hazards, all of which imperil worker health and safety. And we urge employers to go beyond the minimal requirements to create a culture of safety at work, which has been shown to reduce costs, raise productivity and improve morale. To help them, we have released new recommendations for creating a safety and health program at their workplaces.

We have many additional resources, including a wealth of information on our website and our free and confidential On-site Consultation Program. But tackling the most common hazards is a good place to start saving workers’ lives and limbs.

Thomas Galassi is the director of enforcement programs for OSHA.

New! – “NIOSH Aerial Lift Operator Simulator Program Helps Identify Hazards!” #Safety

simulation2

The NEW NIOSH Aerial Lift Hazard Recognition Simulator, which is intended to help aerial lift operators familiarize themselves with hazards they may encounter on the job is now available for download to use as a training tool at your workplace. In this instance, NIOSH uses the term “aerial lifts” to describe multiple types of lifts, including scissor lifts and boom lifts, which are commonly used on construction sites for elevating workers to various heights.

The simulator is intended to provide a safe, controlled environment in which users—employers, trainers, safety and health professionals, and aerial lift operators—can navigate a realistic workplace with different types of hazards such as potholes, ramps, crushing hazards, and tip-over hazards. The simulator notifies users when they encounter a hazard so that they can identify and avoid hazards on actual work sites.

According to NIOSH, the simulator is designed to help potential or new aerial lift operators acclimate to aerial lift operation and help experienced operators refresh their knowledge on the associated hazards. The agency stresses that the simulator is not a substitute for the required training to operate an aerial lift.

Instructions on downloading and launching the simulator can be found on the NIOSH website, along with additional information on aerial lifts.

Aerial Lifts

Aerial lifts are powered and mobile platforms that are used for elevating workers to various heights, which exposes workers to fall hazards.

Training is necessary for anyone using aerial work platforms and equipment. In an effort to create awareness about common workplace hazards when using aerial lifts, NIOSH has developed educational tools and products. Employers, trainers, safety and health professionals and aerial lift operators can use the following information to prevent work-related falls.

Note: NIOSH uses the term ‘aerial lifts’ as an overarching term to capture multiple types of lifts, such as scissor lifts and boom lifts. It is important to note that both OSHA and ANSI standards vary for different types of lifts.

Spotlight
NIOSH Aerial Lift Hazard Recognition Simulator

The Simulator, available at no cost, provides a realistic workplace with multiple, dangerous hazard types that users must navigate. Experienced aerial lift operators can refresh their knowledge, and new operators can familiarize themselves with hazards they may encounter on the job. Using the Simulator is not a substitute for required training to operate an aerial lift.

Aerial lifts, commonly used on construction sites, expose workers to falls. To prevent these falls and other aerial lift-related injuries and deaths, the National Institute for Occupational Safety and Health (NIOSH) developed the Aerial Lift Hazard Recognition Simulator. This flyer gives employers, trainers, safety professionals, and aerial lift operators information on the Simulator and how to access it.

PDF File About the program is downloadable here : Aerial Lift Hazard Recognition Simulator[PDF – 979 KB]

Download the software here: NIOSH Aerial Lift Hazard Recognition Simulator today! Note that the software download is a ZIP file and can be used on any Windows based PC!

“Top 10 OSHA Citations of 2016: A Starting Point for Workplace Safety”

OSHAupdate

Every October, the Department of Labor’s Occupational Safety and Health Administration releases a preliminary list of the 10 most frequently cited safety and health violations for the 2016 fiscal year, compiled from nearly 32,000 inspections of workplaces by federal OSHA staff.

One remarkable thing about the list is that it rarely changes. Year after year, our inspectors see thousands of the same on-the-job hazards, any one of which could result in a fatality or severe injury.

More than 4,500 workers are killed on the job every year, and approximately 3 million are injured, despite the fact that by law, employers are responsible for providing safe and healthful workplaces for their workers. If all employers simply corrected the top 10 hazards, we are confident the number of deaths, amputations and hospitalizations would drastically decline.

Consider this 2016 list a starting point for workplace safety:

  1. Fall protection
  2. Hazard communication
  3. Scaffolds
  4. Respiratory protection
  5. Lockout/tagout
  6. Powered industrial trucks
  7. Ladders
  8. Machine guarding
  9. Electrical wiring
  10. Electrical, general requirements

It’s no coincidence that falls are among the leading causes of worker deaths, particularly in construction, and our top 10 list features lack of fall protection as well as ladder and scaffold safety issues. We know how to protect workers from falls, and have an ongoing campaign to inform employers and workers about these measures. Employers must take these issues seriously.

We also see far too many workers killed or gruesomely injured when machinery starts up suddenly while being repaired, or hands and fingers are exposed to moving parts. Lockout/tagout and machine guarding violations are often the culprit here. Proper lockout/tagout procedures ensure that machines are powered off and can’t be turned on while someone is working on them. And installing guards to keep hands, feet and other appendages away from moving machinery prevents amputations and worse.

Respiratory protection is essential for preventing long term and sometimes fatal health problems associated with breathing in asbestos, silica or a host of other toxic substances. But we can see from our list of violations that not nearly enough employers are providing this needed protection and training.

The high number of fatalities associated with forklifts, and high number of violations for powered industrial trucksafety, tell us that many workers are not being properly trained to safely drive these kinds of potentially hazardous equipment.

Rounding out the top 10 list are violations related to electrical safety, an area where the dangers are well-known.

Our list of top violations is far from comprehensive. OSHA regulations cover a wide range of hazards, all of which imperil worker health and safety. And we urge employers to go beyond the minimal requirements to create a culture of safety at work, which has been shown to reduce costs, raise productivity and improve morale. To help them, we have released new recommendations for creating a safety and health program at their workplaces.

We have many additional resources, including a wealth of information on our website and our free and confidential On-site Consultation Program. But tackling the most common hazards is a good place to start saving workers’ lives and limbs.

Thomas Galassi is the director of enforcement programs for OSHA.

“Miller Fall Protection Safety Webinar” & “Fall Clearance Calculator App”

Miller Fall Protection Webinar

When working at height, it is important to know your fall clearance and swing fall, whether using a shock-absorbing lanyard or self-retracting lifeline. Calculating your fall clearance and swing fall is critical to your safety. The Miller Fall Clearance Calculator App gives workers who work at heights, the ability to quickly calculate the required fall clearance for Shock Absorbing Lanyards and Self-Retracting Lifelines, including swing fall.

Download the New Miller Fall Clearance Calculator App by Honeywell : Download link – https://itunes.apple.com/us/app/miller-fall-clearance-calculator/id971198656?mt=8

Miller Fall App

“Adding Inequality To Injury: The Costs Of Failing To Protect Workers On The Job”

costburden

“Employers must do more to prevent injuries”

A new report released by OSHA explores the substantial impact of workplace injuries and illnesses on income inequality Despite the decades-old legal requirement that employers provide workplaces free of serious hazards, every year, more than three million workers are seriously injured, and thousands more are killed on the job. The report states these injuries can force working families out of the middle class and into poverty, and prevents families of lower-wage workers from attaining greater economic opportunity. “For many, a workplace injury or illness means the end of the American dream, and the beginning of a nightmare,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “Employers must do more to prevent these injuries from happening in the first place and insure that when they do, workers receive the benefits to which they are entitled.”

OSHA is asking workers who have been affected by the cost of a workplace injury to share their story. For more about this report (PDF) and read Dr. Michaels’ recent blog post.

“Grain Bin Safety” – “Don’t Get Buried Alive….In An Instant”

Video From ABC TV Series “In An Instant”

Grain Bin Safety Week – 15 Tips to Keep You Safe

1.) Maintain grain quality (e.g. moisture, heat, etc)

2.) Never enter a bin without a “bin entry permit”

3.) Never enter a grain bin unless it is really truly necessary

4.) Never enter a grain bin alone – have an outside observer who can both see and hear you

5.) Most young teens do not have the experience, training or qualifications to help you.

6.) Time is of the essence – if you’re engulfed, it takes only 90 seconds for you to die

7.) The outside observer needs to have a sure quick method to contact emergency responders in an emergency

8.) Always lockout unloading equipment before entering (so they can’t be turned on by mistake)

9.) Always check oxygen (min 19.5%) and toxic/inflammable gas levels (phosphine CO2 dust etc) before entry

10.) Always, always use secure a lifeline (harness/rope/ladder) for everyone inside

11.) Ensure that there’s adequate lighting inside  People---Group-of-Firefighters Nationwide Agribusiness

12.) The lifesaving tip of last resort = cross your arms in front of your chest if you’re sinking – so that you can breathe

13.) Even during the most frantic times, never every risk your or anyone else’s life with a 5-minute shortcut

14.) Have a written plan for training and rescue

15.) The most important safety tip – train-and-practice often

Grain bin safety is such an important task that no one should take lightly. In addition to the tips above we want to share a fantastic contest with you that is going on now. Nominate your local fire department to win an invaluable grain bin rescue training and the rescue tube, brought to you by Nationwide Agribusiness.

Other great resources:

Learn more about our sponsor Nationwide Agribusiness on YouTube http://www.youtube.com/watch?v=p4zOjiKXz6o – and their website.

Download the “Safe Grain Bin Entry” PowerPoint Presentation Below!

Safe Grain Bin Entry

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