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“Why Lock-Out, Tag-Out IS Vitally Important” #LOTO #Safety

Caution: Somewhat Graphic Photo – Note: This Photo is the property of Jack Benton, and may not be used without written consent!

Why LOTO is Vitally Important 3

Why LOTO is Vitally Important 

Note: The photo above is not intended for page views or shock value as I don’t believe that those methods truly teach you anything in and of themselves. I don’t know the particulars of the above accident, but I do know that the lack of a proper lock out – tag out (control of hazardous energy) policy and procedure contributed to the accident.

This is always on OSHA’s Top 10 Violations list on a yearly basis, typically coming in at number 2 each year in the total number of times cited. Please use the training information below to keep your employees safe and involved in this process at your workplace.

Remember to AUDIT your procedures more than once per year. LOTO can be a difficult procedure especially when your job or facility has large manufacturing equipment such as a multi-employee operated mile long paper mill versus many single employee operated machines.

Hopefully, the Temp Worker Without LOTO Training who lost his life on the first day of his new job and the LOTO Webinar below, as well as the other resources further down the page will help you to put together an appropriate LOTO policy and procedure for your company.

Ninety minutes into his first day on the first job of his life, Day Davis was called over to help at Palletizer No. 4 at the Bacardi bottling plant in Jacksonville, Fla. What happened next is an all-too-common story for temp workers working in blue-collar industries. Read the investigation: http://www.propublica.org/article/tem..

The Control of Hazardous Energy (Lockout/Tagout) Full Webinar 2016

What is hazardous energy?

Energy sources including electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other sources in machines and equipment can be hazardous to workers. During the servicing and maintenance of machines and equipment, the unexpected startup or release of stored energy can result in serious injury or death to workers.

What are the harmful effects of hazardous energy?

Workers servicing or maintaining machines or equipment may be seriously injured or killed if hazardous energy is not properly controlled. Injuries resulting from the failure to control hazardous energy during maintenance activities can be serious or fatal! Injuries may include electrocution, burns, crushing, cutting, lacerating, amputating, or fracturing body parts, and others.

  • A steam valve is automatically turned on burning workers who are repairing a downstream connection in the piping.
  • A jammed conveyor system suddenly releases, crushing a worker who is trying to clear the jam.
  • Internal wiring on a piece of factory equipment electrically shorts, shocking worker who is repairing the equipment.

Craft workers, electricians, machine operators, and laborers are among the 3 million workers who service equipment routinely and face the greatest risk of injury. Workers injured on the job from exposure to hazardous energy lose an average of 24 workdays for recuperation.

What can be done to control hazardous energy?

Failure to control hazardous energy accounts for nearly 10 percent of the serious accidents in many industries. Proper lockout/tagout (LOTO) practices and procedures safeguard workers from hazardous energy releases. OSHA’s Lockout/Tagout Fact Sheet* describes the practices and procedures necessary to disable machinery or equipment to prevent hazardous energy release. The OSHA standard for The Control of Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147) for general industry outlines measures for controlling different types of hazardous energy. The LOTO standard establishes the employer’s responsibility to protect workers from hazardous energy. Employers are also required to train each worker to ensure that they know, understand, and are able to follow the applicable provisions of the hazardous energy control procedures:

  • Proper lockout/tagout (LOTO) practices and procedures safeguard workers from the release of hazardous energy. The OSHA standard for The Control of Hazardous Energy (Lockout/Tagout) (29 CFR 1910.147) for general industry, outlines specific action and procedures for addressing and controlling hazardous energy during servicing and maintenance of machines and equipment. Employers are also required to train each worker to ensure that they know, understand, and are able to follow the applicable provisions of the hazardous energy control procedures. Workers must be trained in the purpose and function of the energy control program and have the knowledge and skills required for the safe application, usage and removal of the energy control devices.
  • All employees who work in an area where energy control procedure(s) are utilized need to be instructed in the purpose and use of the energy control procedure(s), especially prohibition against attempting to restart or reenergize machines or other equipment that are locked or tagged out.
  • All employees who are authorized to lockout machines or equipment and perform the service and maintenance operations need to be trained in recognition of applicable hazardous energy sources in the workplace, the type and magnitude of energy found in the workplace, and the means and methods of isolating and/or controlling the energy.
  • Specific procedures and limitations relating to tagout systems where they are allowed.
  • Retraining of all employees to maintain proficiency or introduce new or changed control methods.

OSHA’s Lockout/Tagout Fact Sheet* describes the practices and procedures necessary to disable machinery or equipment to prevent the release of hazardous energy.

The control of hazardous energy is also addressed in a number of other OSHA standards, including Marine Terminals (1917 Subpart C), Safety and Health Regulations for Longshoring (1918 Subpart G), Safety and Health Regulations for Construction; Electrical (1926 Subpart K), Concrete and Masonry Construction (1926 Subpart Q), Electric Power Transmission and Distribution (1926 Subpart V), and General Industry; Electrical (1910 Subpart S), Special Industries (1910 Subpart R), and Electric Power Generation, Transmission and Distribution (1910.269).

Highlights
  • Lockout-Tagout Interactive Training Program. OSHA eTool. Interactive tool to provide the user with an in-depth understanding of the LOTO standard, with three components: Tutorial, Hot Topics, and Case Studies.
  • Construction. OSHA eTool. Helps workers identify and control the hazards, including electrical hazards, that commonly cause the most serious construction injuries.
    • Electrical Incidents. Landing page for Electrical Incidents subpage of the Construction eTool, which identifies electrical hazards and recommends preventive measures.
  • Electric Power Generation, Transmission, and Distribution. OSHA eTool, (January, 2010). Assists workers in identifying and controlling workplace hazards.
Lockout/Tagout Concepts
Lockout/Tagout Program

Example elements of a lockout/tagout (LOTO) program are described in the OSHA standard for the control of hazardous energy (29 CFR 1910.147), along with these additional references.

Other Resources
Training
  • Lockout-Tagout Interactive Training Program. OSHA eTool. Interactive tool to provide the user with an in-depth understanding of the LOTO standard, with three components: Tutorial, Hot Topics, and Case Studies.
    • Case Studies. Presents a series of case studies for review, followed by related questions. Each of the case studies is based on descriptions of LOTO inspections derived from compliance interpretations, court decisions, Review Commission decisions, and inspection files.
  • Small Business Handbook (PDF). OSHA Publication 2209, (2005). Handbook is provided to owners, proprietors and managers of small businesses to assure the safety and health of workers.
  • Lockout/Tagout. National Ag Safety Database (NASD) Research Publications-11. Brief publication providing an overview of lockout/tagout, California laws and regulations, and training materials.
Additional Information
  • Fatality and Catastrophe Investigation Summaries. OSHA. Enables the user to search the text of Accident Investigation Summaries (OSHA-170 form) for words that may be contained in the text of the abstract or accident description.
  • Z244 Committee Information. American Society of Safety Engineers (ASSE).
  • Safety Alert: Control of Hazardous Energy – Lockout/Tagout (LO/TO) Procedures in Shipyard Employment*. OSHA and Shipbuilders Council of America, National Shipbuilding Research Program, and American Shipbuilding Association Alliances (now the Shipbuilding Group Alliance) and the American Industrial Hygiene Association and American Society of Safety Engineers Alliances, (February 2009). Safety Alert Fact Sheet that provides information on how to protect employees from hazardous energy. Also available in Spanish*.
  • Safety Alert: Electrocution and Shock Hazards in Shipyard Employment*. OSHA and Shipbuilders Council of America, National Shipbuilding Research Program, and American Shipbuilding Association Alliances (now the Shipbuilding Group Alliance) and the American Industrial Hygiene Association and American Society of Safety Engineers Alliances, (February 2008). Safety Alert Fact Sheet that provides information on how to protect employees from electrocution and shock hazards. Also available in Spanish*.
Related Safety and Health Topics
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“4 Character Traits Of Respected Safety Leaders”

safety-leadership-7

If you want to become an effective and respected safety leader, work on these personality traits.

Back in 2009, when Google first launched their Project Oxygen employee survey, they were looking for a way to help their managers be better. They were also looking for ways that managers and supervisors could help engage employees better.

What Google soon discovered from their employees is not what they had thought. Google’s managers were already incredibly technically proficient. But that’s not what Google’s employees necessarily wanted from their managers. Employees wanted more than technical knowledge. Employees wanted managers with great people skills.

Workplaces whose managers have great people skills have lower employee turnover and higher levels of engagement. But where do you as a supervisor or safety manager acquire good people-skills? It turns out, good people skills have much to do with character and personality traits.

There’s an assumption that you already have the basics of safety knowledge under your belt.That needs to be a given. If you don’t have the basics of safety already, you must get busy acquiring those skills. And there’s an assumption that you genuinely want to make your workplace better.

Here are four of the most critical personality traits to have to be able to make you more effective and respected in your supervisory and management duties in safety:

Kindness. You cannot have a successful safety culture without courtesy and respect at the very foundation. Kindness, as a personality trait, is at the foundation of courtesy and respect. It’s impossible to be genuinely courteous if you are mean-spirited. Kindness is crucial to being a respected safety leader. Treating people with kindness is not something you can fake for long. Eventually, you will tire of putting on a fake smile. You will be found out. Kindness comes from genuinely caring about people. When you can offer kindness to one person on a job site, and make the job site safe for one other person, you are being kind to every other person. Kindness is not weakness. It takes strength to openly care about others in a way that they feel it.

Integrity. The Merriam-Webster dictionary defines integrity as the quality of being honest and fair; the state of being complete or whole. But in short-form, people know when someone lacks integrity – or when their integrity can be compromised. Supervisors and safety people with integrity refuse to allow excuses and blame to get in the way of carrying out their safety responsibilities. There are no shortcuts with people of integrity. People of integrity do what they say and say what they do. As the saying goes, they walk the walk. Front-line employees depend on their supervisors and safety people to have integrity. Integrity has a way of transcending a message of “how we do things ’round here.” Remember, employees will always be checking you out to see if you believe what you have to say. If you don’t believe it, your integrity will be suspect.

Humility. Again, like kindness, you can’t fake humility for long. Acting humble and being humble are very different things. Ultimately, what humility really is, is the quality or state of not thinking that you are better than others. Yes, supervisors and safety people may be in superior positions on the hierarchy scale, but that does not make them superior people. No amount of schooling, titles, certifications or money makes one person more superior. In fact, employees instantly know when someone supposes them self to be superior. It’s obvious in the way they communicate and the way that they talk down to employees. Humility is the personality trait that communicates to others that one person is no more important than another. There may be more responsibility with one job over another, but that does not make one person more important than another. Humility builds teamwork.

Generosity. This is what drives giving, understanding and selflessness. The question could be asked: if you could give of yourself to make another person’s circumstances better, why wouldn’t you? Generous people don’t even stop to think about reasons that they wouldn’t. Generous people give. That’s what they do. They give credit, give applause, give responsibility and they give examples of how to do it. Generous people do what they can to make someone else’s day better. Generous people do it without being asked. Generosity is not about money. Generosity is about time, energy, effort and helping others to succeed. Generous people know the words of Bob Dylan who once said, “just when you think you have nothing left to give, you find out you were wrong.”

If you want to become an effective and respected safety leader, work on each of the four personality traits. You will always be able to find work. You will always find yourself surrounded by others who are of like-mind. Besides, who wouldn’t want to work in a job whose supervisor or safety person owned those character and personality traits?

I know they work, I practice them every day!!

Source: Kevin Burns @KevBurnsBGI on Twitter & KevBurns.com

“Does Your Facility Have An Effective Safety Culture? Is Safety Truly A Priority?

lead lag 2

One way to improve the effectiveness of your safety process is to change the way it is measured.

Measurement is an important part of any management process and forms the basis for continuous improvement. Measuring safety performance is no different and effectively doing so will compound the success of your improvement efforts.

Finding the perfect measure of safety is a difficult task. What you want is to measure both the bottom-line results of safety as well as how well your facility is doing at preventing accidents and incidents. To do this, you will use a combination of lagging and leading indicators of safety performance.

Lagging indicators of safety performance

What is a lagging indicator?

Lagging indicators measure a company’s incidents in the form of past accident statistics.

Examples include:

  • Injury frequency and severity
  • OSHA recordable injuries
  • Lost workdays
  • Worker’s compensation costs

Why use lagging indicators?

Lagging indicators are the traditional safety metrics used to indicate progress toward compliance with safety rules. These are the bottom-line numbers that evaluate the overall effectiveness of safety at your facility. They tell you how many people got hurt and how badly.

The drawbacks of lagging indicators.

The major drawback to only using lagging indicators of safety performance is that they tell you how many people got hurt and how badly, but not how well your company is doing at preventing incidents and accidents.

The reactionary nature of lagging indicators makes them a poor gauge of prevention. For example, when managers see a low injury rate, they may become complacent and put safety on the bottom of their to-do list, when in fact, there are numerous risk factors present in the workplace that will contribute to future injuries.

Leading indicators of safety performance

What is a leading indicator?

A leading indicator is a measure preceding or indicating a future event used to drive and measure activities carried out to prevent and control injury.

Examples include:

  • Safety training
  • Ergonomic opportunities identified and corrected
  • Reduction of MSD risk factors
  • Employee perception surveys
  • Safety audits

Why use leading indicators?

Leading indicators are focused on future safety performance and continuous improvement. These measures are proactive in nature and report what employees are doing on a regular basis to prevent injuries.

Best practices for using leading indicators

Companies dedicated to safety excellence are shifting their focus to using leading indicators to drive continuous improvement. Lagging indicators measure failure; leading indicators measure performance, and that’s what we’re after!

According to workplace safety thought leader Aubrey Daniels, leading indicators should:

  1. Allow you to see small improvements in performance
  2. Measure the positive: what people are doing versus failing to do
  3. Enable frequent feedback to all stakeholders
  4. Be credible to performers
  5. Be predictive
  6. Increase constructive problem solving around safety
  7. Make it clear what needs to be done to get better
  8. Track Impact versus Intention

While there is no perfect or “one size fits all” measure for safety, following these criteria will help you track impactful leading indicators.

How Caterpillar used leading indicators to create world-class safety

An article on EHS Today titled, “Caterpillar: Using Leading Indicators to Create World-Class Safety” recaps an interview with two Caterpillar executives who explained how they were able to successfully transition to a culture that utilizes leading indicators for safety.

According to the execs at Caterpillar, “… traditional metrics can help companies tell the score at the end of the game, but they don’t help employers understand the strengths and weaknesses of their safety efforts and cannot help managers predict future success.”

By utilizing a Safety Strategic Improvement Process (SIP) that emphasized leading indicators of safety, they saw an 85% reduction of injuries and $450 million in direct/indirect cost savings.

According to the article, the critical elements of the SIP included:

  • Enterprise-wide statement of safety culture.
  • Global process, tools and metrics.
  • Top-down leadership of and engagement with the process.
  • Clearly defined and linked roles and responsibilities.
  • Clearly defined accountability.
  • Consistent methods establishing targets and reporting performance.
  • Consistent criteria for prioritizing issues and aligning resources.
  • Recognition for positive behavior and performance.
Conclusion

To improve the safety performance of your facility, you should use a combination of leading and lagging indicators.

When using leading indicators, it’s important to make your metrics based on impact. For example, don’t just track the number and attendance of safety meetings and training sessions – measure the impact of the safety meeting by determining the number of people who met the key learning objectives of the meeting / training.

What metrics do you use to measure your facility’s safety performance? Do you use a combination of leading and lagging indicators?

“Infographic: OSHA’s Multiemployer Citation Policy”

Do you work on a multiemployer worksite? If so, do you understand your safety responsibilities?

When OSHA inspects multiemployer workplaces, inspectors determine who should be cited for violations based on whether employers are “creating employers,” “exposing employers,” “correcting employers,” or “controlling employers.”

This infographic will give you an overview of what these terms mean and help you understand your safety responsibilities depending on your role on a worksite.

OSHA's Multiemployer Citation Policy

OSHA’s Multiemployer Citation Policy by Safety.BLR.com

“Workplace Injuries By The Numbers – Every 7 Seconds A Worker Is Injured On The Job”

Nearly 13,000 American workers are injured each day. These numbers are staggering, and the worst part is that each one is preventable. Taking preventative action can spare workers needless pain and suffering.

Journey to Safety Excellence
Provided by the National Safety Council

“The Cost of Accidents & Not Reporting Near Misses”

 

Near misses happen every day in the workplace. Regardless of their potential for personal injury and property damage, all near misses should be taken seriously and consistently reported.
There are many terms which essentially mean the same thing – accident avoidance, close call, mishap or even narrow escape. It doesn’t matter exactly what terminology your business chooses to use when referring to a near miss. What matters is whether everyone understands exactly what constitutes a near miss and why it’s essential to make a record of it so it can be investigated and addressed.

Overcoming barriers to reporting

Many obstacles stand in the way of operating and utilizing an efficient and effective near-miss reporting program:

Fear of blame: Many employees are afraid to report near misses because either they don’t want to admit that they didn’t follow safety procedures or they will be mistakenly accused of doing something wrong. To create a truly effective near-miss reporting program, this stigma must be eliminated.

For near-miss reporting to work well, employers need to create a safe and comfortable atmosphere. The goal is to make employees so comfortable about the process that they report them as easily and freely as they would report a garbage can is full or a light bulb is burned out. Blame cannot be part of the equation – period.

Incoherent indifference: Another enemy of effective reporting is indifference. When a near miss occurs, some employees may question whether the situation was substantial enough to be recorded. When this happens, employees often simply disregard the event. This mindset can be lethal to a near-miss reporting program.

Hazards that are overlooked or dismissed as minor are lost opportunities for valuable insight. Employees should be trained on the importance of reporting each and every near miss. A clear definition should be provided on what constitutes a near miss, including any situation that appears to be “unsafe.” Once employees understand the importance of reporting and are clear on the definition of what defines a near miss, they will feel confident about their judgment and empowered to report.

Lack of supervisor support: Employees usually follow their direct supervisor’s instructions in most job-related situations. If a supervisor does not treat near-miss reporting as a priority, there is a good chance their personnel won’t either. Supervisors need to encourage this type of reporting and set an example by reporting near misses themselves. When employees know that their supervisors are completely on board with near-miss reporting, it is easier for them to feel comfortable to report, as well.

Near-miss reporting is a critical component of any well-organized and effective safety program. Over time, near-miss programs have been shown to save millions of dollars in medical care and equipment replacement costs. More importantly, they save lives.

Reporting near misses should not just be considered an “extra” thing or something the employee is ashamed or embarrassed to do. Instead, employees should feel proud that they are part of an effective process of prevention and incident management and thanked for their proactive safety behaviors.

Near Miss Additional Resources:

[PDF]Near Miss Reporting Systems – National Safety Council

http://www.nsc.org/…/NearMissReporting-Systems.pdf

National Safety Council

A Near Miss is an unplanned event that did not result in injury, illness, or … Near miss reporting is vitally important to preventing serious, fatal and catastrophic.

[PDF]Non-Injury and Near-Miss Incident Reporting Form – CMU
https://www.cmu.edu/…/Non-Injury%20%20NearMiss%2…
Carnegie Mellon University

Non-Injury and NearMiss Incident Reporting Form. Instructions: … http://www.cmu.edu/hr/benefits/benefit_programs/forms/WCforms.pdf. • In each of the sections …

[PDF]Near Miss Incident Information Report

http://www.scouting.org/filestore/pdf/680-017_fillable.pdf

Boy Scouts of America

Near Miss Incident Information Report. (A near miss does not result in injury, illness, or damage by definition, but it had the potential to do so.) Near miss incident …

[PDF]“near-miss” reporting – CEBC

https://cebc.ku.edu/sites/cebc.drupal.ku.edu/files/…/nearmiss.pdf

University of Kansas

accident, and reduce the consequences if the accident does occur. –Following the plan. –Reportingand learning from “near-misses”. • NearMiss reporting …

[PDF]Employee’s Report of Injury Form

https://www.osha.gov/…/3_Accident_I…

Occupational Safety and Health Administration

Instructions: Employees shall use this form to report all work related injuries, illnesses, or. “near … I am reporting a work related: ❑ Injury ❑ Illness ❑ Near miss.

[PDF]Near Miss Reporting Instructions

http://www.memphis.edu/ehs/pdfs/near_miss_report.pdf

University of Memphis

Near Miss Reporting Instructions. If you experience or witness an event that could have resulted in an injury or illness, but did not evolve to that point, you are …

[PDF]Near Miss Report

https://www.ndsu.edu/fileadmin/…/UPSO-NearMiss.pdf

North Dakota State University

Near Miss: a potential hazard or an unplanned event that did not result in an injury, illness, exposure or damage – but had the potential to do so. There was NO …

[PDF]Near Miss Reporting presentation

▫Define what is a near miss. Defined – so everyone is on the same page. ▫ Practical reporting. How do we apply this and make it work? Objective …

Accident and Near Miss Report | North Dakota Workforce Safety …

https://www.workforcesafety.com/…/acci…

North Dakota Workforce Safety & Insurance

Incident And Near Miss Procedures (Word) (PDF) Incident Report (Word) (PDF) Near Miss Report(Word) (PDF)

[PDF]HOW to INCREASE NEAR MISS REPORTING – DKF Solutions

What Are the Barriers to Reporting Near Misses? If You were asked to define what a … NEAR MISS – Near misses describe incidents where no property was damaged and no …… http://www.workforcesafety.com/safety/sops/NearMissReport.pdf .

“The “Vert Alert” Lanyard Attachment Warning System Saves Lives”

VertAlertSCA_full

The VertAlert verbally warns the lift operator if the safety harness lanyard has not been properly attached to the lift anchor point. The VertAlert will not allow the lift to proceed UP until it has verified this proper attachment.

It will also collect and store data on lift activity including safety violations and if any attempts were made by the operator to circumvent this safety system. See more information about this unique and excellent system at: http://millennialplatform.com/ or email Paul Baillergian at  paul@suncook-intl.com 

“OSHA Electronic Recordkeeping Final Rule Places New Requirements On Employers”

On May 12, 2016, the Occupational Safety and Health Administration (OSHA) published a long-awaited final rule requiring certain employers to electronically submit injury and illness data, providing for such data to be made publicly available, and updating employee notification and antiretaliation provisions.

Background

OSHA is charged with enforcing the Occupational Safety and Health Act of 1970 (OSH Act), which applies to virtually all private employers. OSHA, either directly or through states with parallel agencies to which OSHA defers rulemaking and enforcement, requires almost all employers to prepare and maintain routine records of certain work injuries and illnesses (“recordable” incidents). These records include a report for each recordable incident (Form 301), a log of such incidents (Form 300), and an annual summary (Form 300A) that must be completed and posted even if no recordable incidents occurred during the year.

Previously, OSHA could obtain the establishment-specific injury and illness data contained in these routine records only in three limited ways: (1) workplace inspections, (2) surveys to employers under the OSHA Data Initiative, and (3) mandatory employer reporting of certain workplace illnesses and injuries, including fatalities.

The final rule greatly expands OSHA’s access to this information by requiring certain employers to regularly and electronically submit data from their routine records. Specifically, the rule requires the following:

  • Establishments with 250 or more employees that are required to keep routine records must electronically submit required information from all three records annually (no later than March 2 of the year after the calendar year covered by the form).
  • Establishments with 20 to 249 employees in certain industries must electronically submit required information from Form 300A annually (no later than March 2 of the year after the calendar year covered by the form).
  • Establishments must electronically submit requested information from their routine records upon notification from OSHA

OSHA plans to phase in implementation of the data collection system beginning July 2017. By March 2019, all establishments covered under the final rule must submit all required information.

OSHA hopes the electronic submission requirements will help it use resources more effectively and encourage employers to prevent worker injuries and illnesses by allowing the agency to obtain a much larger and more timely database of the information that most employers are already required to record.

Publication of illness and injury data

Notably, OSHA will make the collected information publicly available in a searchable online database. The agency hopes that researchers and the public will also be able to use the data to identify work-related hazards and particularly hazardous industries and processes.

OSHA insists that it doesn’t intend to release personally identifiable information from reported records and that it will use “software that will search for and de-identify personally identifiable information before OSHA posts the data.” Given the frequency of media reports on the fallibility of even the most sophisticated data security systems and companies, many are understandably skeptical about the agency’s ability to safeguard employee information under this new electronic reporting system.

Employee notification and retaliation

The final rule also amends OSHA’s record-keeping regulation with respect to how employers inform employees to report work-related injuries and illnesses. This part of the rule:

  • (1)  Requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation;
  • (2)  Clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses be reasonable and that a procedure that would deter or discourage reporting isn’t reasonable; and
  • (3)  Prohibits employers from retaliating against employees for reporting work-related injuries or illnesses, consistent with the existing “whistleblower” provisions in Section 11(c) of the OSH Act.

The third aspect of this part of the new rule is significant because it provides OSHA with an additional enforcement tool with respect to employee retaliation. Whereas OSHA could always take action against an employer in response to an employee complaint under Section 11(c), OSHA will now be able to issue citations to employers for retaliating against employees even absent an employee complaint. The agency anticipates that feasible abatement methods will mirror the remedies under Section 11(c), which include but aren’t limited to rehiring or reinstatement with back pay. Employers can contest citations before the independent Occupational Safety and Health Review Commission.

OSHA explains that the final rule prohibits retaliatory adverse action against an employee “simply because” she reported a work-related injury or illness. To that end, the final rule states that nothing in it “prohibits employers from disciplining employees for violating legitimate safety rules, even if the same employee . . . was injured as a result of that violation and reported that injury or illness.” Importantly, employees who violate the same work rule must be treated similarly regardless of whether they also reported a work-related illness or injury. The final rule notes that postinjury drug-testing policies and employee safety incentive programs will be scrutinized under this provision.

States with their own occupational safety and health plans will be required to adopt identical requirements in their record-keeping and reporting regulations.

The employee notification and retaliation provisions become effective August 10, 2016. The remainder of the final rule becomes effective January 1, 2017.

Bottom line

OSHA continues to push through initiatives intended to raise the bar on workplace safety and health standards, including with respect to employer record keeping and reporting. In light of the 80 percent penalty increases in effect this summer, you should consult with counsel to ensure you comply with any new obligations that may apply under this new rule.

Arielle Sepulveda is an attorney with Day Pitney LLP in Parsippany, New Jersey. She can be reached at 973-966-8063 or asepulveda@daypitney.com.

Source:BLR® and Conn Maciel, Carey PLLC

“New Traveler’s Insurance Report – 170 Billion In Cost & 3.7 Million Workers Injured Per Year”

worker-with-head-injuryOf all public sector and private US businesses, roughly 3.7 million workers are injured per year. Businesses spend $170 billion per year on costs associated with occupational injuries and illnesses (according to OSHA) – and these findings provide critical insight on how the numbers add up.

The nature of employee injuries in the modern workplace is changing in a variety of ways. Improved workplace safety management efforts over the past 25 years have led to a decrease in the frequency of workers compensation claims. During this time, Travelers has seen an increase in the severity of those claims.1 Preventing even a single injury, or managing the injured worker’s return to work as soon as medically appropriate, can have a significant impact on the health of your workforce and on your company’s bottom line.

The Travelers Injury Impact Report, an analysis of workplace injuries based on Travelers Claim data collected between 2010-2015, identifies the most frequent injuries, those with the greatest severity and the top causes of workplace accidents, both by industry and by business size. This information can be helpful for employers to understand how to manage their exposures and tailor training programs for their workforce in their particular market and industry.

According to the Travelers Claim data, strains and sprains topped all lists for most frequent types of injuries, except for small businesses, which experienced cuts and punctures most frequently, followed by strains and sprains. Contusions, fractures and inflammation rounded out the list of the top five most frequent injuries.

Chart of Top 5 Most Frequent Injuries, by claim count

The report also explores the top five most frequent accident causes, with material handling topping the lists of most frequent causes of injury, followed by slips, trips and falls, struck by/striking against injuries, tool handling and cumulative trauma, according to claim count across all industries and all claims. “The injury type only tells part of the story,” explains Woody Dwyer, a Travelers Risk Control safety professional. “Identifying that root cause helps us determine the best strategies to help prevent future accidents and reduce their severity.”

As part of Travelers Workforce Advantage, Travelers Risk Control professionals can help businesses develop their strategies to attract, hire, onboard, train, support and engage their existing workforce. At its core, it focuses on the importance of elevating the company’s safety message, beginning with the recruiting process and continuing throughout the employee’s career at the company. The safety best practices, from safe lifting to getting adequate nightly sleep, can also offer health benefits beyond the workday for employees.

“A significant part of developing an effective risk management process involves understanding your unique workforce,” Dwyer said. This includes a shift in the state of health of the U.S. workforce, with more than half of workers experiencing at least one chronic health condition, such as heart disease, diabetes and arthritis. This can add cost and complexity to treating workplace injuries, which has led to rising medical costs for workers compensation claims.

If an employee does get injured, conducting an accident analysis can help discover the root cause of an accident, develop corrective action that can help prevent a similar accident in the future and continuously improve safety management practices.

Managing the employee’s injury so he or she returns to work as soon as medically appropriate can also help manage costs and improve employee morale. A Functional Capacity Evaluation (FCE) is one tool that can measure an employee’s current functional status and ability to meet the physical demands of a job, especially after a workplace injury.

In 2015, medical cost inflation topped the list of risk concerns for businesses, according to the Travelers Business Risk Index. Promoting the overall health and safety of your employees can help control costs while retaining an engaged workforce. Learn about how you can create a culture of safety and develop an injury management strategy at your business.

Injuries can happen at any time, anywhere, regardless of industry or business size. Knowing what those injuries are and their root causes can help companies develop workplace safety practices. To learn more about the most frequent workplace injuries, those with the greatest severity and the top causes of accidents by business size, industry and region, view The Travelers Injury Impact Report.

Source:
1 The 2014 National Council on Compensation Insurance (NCCI).

“OSHA Issues Final Rule to Improve Tracking of Workplace Injuries and Illnesses”

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Provisions call for employers to electronically submit injury and illness data that they already record

Why is OSHA issuing this rule?

This simple change in OSHA’s rulemaking requirements will improve safety for workers across the country. One important reason stems from our understanding of human behavior and motivation. Behavioral economics tells us that making injury information publicly available will “nudge” employers to focus on safety. And, as we have seen in many examples, more attention to safety will save the lives and limbs of many workers, and will ultimately help the employer’s bottom line as well. Finally, this regulation will improve the accuracy of this data by ensuring that workers will not fear retaliation for reporting injuries or illnesses.

What does the rule require?

The new rule, which takes effect Jan. 1, 2017, requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website. OSHA believes that public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the general public. The amount of data submitted will vary depending on the size of company and type of industry.

Anti-retaliation protections

The rule also prohibits employers from discouraging workers from reporting an injury or illness. The final rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation; clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses. These provisions become effective August 10, 2016.

Compliance schedule

The new reporting requirements will be phased in over two years:

Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017. These same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

Establishments with 20-249 employees in certain high-risk industries* must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

OSHA State Plan states must adopt requirements that are substantially identical to the requirements in this final rule within 6 months after publication of this final rule.

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“Our new rule will ‘nudge’ employers to prevent work injuries to show investors, job seekers, customers and the public they operate safe and well-managed facilities. Access to injury data will also help OSHA better target compliance assistance and enforcement resources, and enable ‘big data’ researchers to apply their skills to making workplaces safer.”

Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health


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