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“N95 Day: A NIOSH-Approved Holiday”

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Today is the 5th annual N95 Day, which focuses on respiratory protection awareness and proper use of N95 respirators. Here are some ways you can participate:

  • Social media. Look for N95-related information on Twitter (@NIOSH, @NPPTL, #N95Day) Facebook, Instagram and Pinterest as well as the annual N95 Day NIOSH Science Blog. Share NIOSH’s infographics, and be sure to follow ASSE (@ASSE_Safety) and other campaign partners to find free training, resources, and safety tips.
  • Hospital respiratory protection program resources. NIOSH has launched a web page of resources dedicated to hospital respiratory protection programs.
  • Webinars. NIOSH is presenting two webinars this year: 1) The Science Behind Respirator Fit Testing in the Workplace: Past, Present and Future; and 2)  Why Do We Have to Fit Test? And Why Every Year? Although registration is now closed, the agency will post the webinar videos and slides after the event. Check the campaign page for updates.
  • ASSE materials. Check out ASSE’s Tech Brief on ANSI/ASSE Z88.2-2015, Practices for Respiratory Protection and visit our respiratory protection standards page.

Source: ASSE, NIOSH, CDC

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“Despite Two-Thirds of Organizations Naming Active Shooter as a Top Threat, 79 Percent Are Not Fully Prepared”

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by Jeff Benanto

Everbridge recently partnered with Regina Phelps and Emergency Management and Safety (EMS) Solutions, a provider of professional consulting services in the area of incident management, business continuity planning and exercise design, to conduct research into the security challenges facing today’s companies, especially when it comes to active shooter situations. The “Active Shooter Preparedness” research report was conducted in July, 2016. A total of 888 individuals were surveyed about their safety plans and ability to manage an active shooter situation.

The key findings? Respondents were overwhelmingly concerned about violent acts – such as active shooter situations – taking place at their company or organization. Despite that worry, a majority of respondents also said that they were not properly prepared for an active shooter situation, highlighting communication to affected employees and individuals as one of the major issues. Here’s some more of the data:

  • 69 percent of organizations view an active shooter incident as a potential top threat, but 79 percent replied that their organizations were not fully prepared for this type of event.
  • Communicating with and confirming the safety of those in an impacted building were seen as the biggest challenges during an active shooter situation by 71 percent of organizations. Despite that, 39 percent still said they didn’t have a communications plan in place.
  • 61 percent do not run any active shooter preparedness drills at all.
  • 73 percent said that employees or students are willing to exchange some aspects of privacy for enhanced security.

Download the full report below and stay tuned for more from Everbridge and EMS Solutions, as we will detail the results further, along with prescriptive best practices, in future resources and webinars.

Download (PDF, 507KB)

For more information, including upcoming webinars covering this subject, visit theEverbridge website here.

“OSHA Responds to Manufacturers’ Lawsuit on New Workplace Injury and Illness Reporting Rule”

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By James L. Curtis and Craig B. Simonsen

Seyfarth Synopsis: OSHA asserts that its new injury illness reporting rule is fully within OSHA’s mandate.

This is in follow-up to our earlier blog on OSHA’s new rule, Improve Tracking of Workplace Injuries and Illnesses (Rule), 81 Fed. Reg. 29624 (May 12, 2016). The new rule concerned drug-testing, retaliation claims, and accident reporting.

The National Association of Manufacturers filed a lawsuit seeking to enjoin the new rule. TEXO ABC/AGC, et al. v. Thomas, et al., No. 3:16-CV-1998 (N.D. TX July 8, 2016). Thereafter OSHA announced that it was delaying the effective date for enforcement of the rule until November 1, 2016.

In TEXO ABC/AGC the Plaintiffs alleged that OSHA is “putting a target on nearly every manufacturer in this country by moving this regulation forward. Not only does OSHA lack statutory authority to enforce this rule, but the agency has also failed to recognize the infeasibility, costs and real-world impacts of what it preposterously suggests is just a mere tweak to a major regulation.” The lawsuit sought a declaratory judgment finding that the rule was unlawful to the extent that it prohibited or otherwise limited incident-based employer safety incentive programs and routine mandatory post-accident drug testing programs.

On August 19, 2016 OSHA responded to the request for a preliminary injunction, filing its opposition. OSHA argues that as the “Plaintiffs have not established a likelihood of success or irreparable harm, the Court need not consider the balance of equities or public interest. Even if it did, though, they tip sharply against injunctive relief in this case. Plaintiffs have established no harm at all, much less irreparable harm. OSHA, by contrast, has determined that the anti-retaliation provision is necessary for the viability of its broader recordkeeping Rule, which takes effect January 1, 2017.”

We anticipate that the Plaintiffs will file a reply brief shortly, followed by oral arguments before the Court. We will keep you updated as this fast moving issue develops.

For more information on this or any related topic please contact the authors, your Seyfarth attorney, or any member of the OSHA Compliance, Enforcement & Litigation Team.

 Source: Seyfarth Shaw LLP

“Transforming EHS Performance Measurement Through Leading Indicators”

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The National Safety Council, Campbell Institute performed a survey and study called “Transforming EHS Performance Measurement Through Leading Indicators” The information for the report was obtained from EHS & Safety Managers from across the country.

The report is an excellent compilation of the survey and the findings are intriguing. You can download a copy of the report here: http://goo.gl/KYAIxi

“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

“NFPA 70E – 2017” – “LOTO & Arc Flash Proposed Changes From Second Draft Meeting “

NFPA-70E-2015

The second draft meeting for NFPA 70E was held in Salt Lake City on July 18th through July 21st. There were 173 public comments acted on at the meeting. There are a few proposed changes to the standard that were acted upon that may garner the most attention.

NOTE:  The official position of the committee has not been given through the formal ballot. This blog only addresses preliminary revisions proposed by the public and committee.

The first is that the layout of Article 120 Establishing an Electrically Safe Work Condition has been reorganized to better address the logical sequence of events. The steps, principles, and program for lockout/tagout have been moved to be the first sections of Article 120 since these are necessary before verifying the condition.  The verification steps have been moved to the end of Article 120 since these are the last steps for establishing the electrically safe work condition.

A second change is to place further emphasis on the risk assessment and put the hierarchy of controls into mandatory language.  The use of personal protective equipment (PPE) has always been and remains to be the last method selected when providing protection for the worker exposed to hazards when conducting justified energized work. The revised text clarifies this principle.

The third changes clarifies how the standard should have always been used when justified energized work is to be conducted. It essentially is not adding new requirements but will assist in preventing the misuse of the standard. The change is that Table 130.7(C)(15)(A)(a) [that many call the task table] has become a new table applicable to both the PPE category method or the incident energy analysis method. It no longer determines whether PPE is required but whether or not there is a likelihood of an arc flash occurrence. The user conducts a risk assessment and determines the protection scheme to be employed to protect the worker using the hierarchy of controls (same as in the past editions).

The last big change is that the references to PPE equipment standards have been changed to informational notes. The equipment must still meet the applicable standards but the verification process has been changed to one of a conformity assessment where the PPE manufacturer should be able to provide assurance that the applicable standard has been met by one of three methods. The previous edition of the standard did not require any verification method. The three methods are; self-declaration with a Supplier’s Declaration of Conformity, self-declaration under a registered Quality  Management System and product testing by an accredited laboratory and a Supplier’s Declaration of Conformity, or a certification by an accredited independent third-party certification organization.

The committee’s official position will be taken by ballot in early September.  If you want to keep up on the process visit the NFPA 70E web page at www.nfpa.org/70E. The next edition tab will carry all the current information throughout the process. NFPA 70E – 2017 is slated to be voted on at the association meeting in Boston, MA in June 2017.

“Safety Photo of the Day” – “Who Should Be Tied Off In This Photo?”

Who Should Be Wearing Fall Protection &  Tied Off In This Photo?

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OSHA issued a letter of interpretation that addresses the requirements for use of a body-restraint system on aerial lifts (body restraint is required) versus scissor-lifts (body restraint not required as long as standard guardrails are in place). One last thing about scissor-lifts to keep in mind; in some cases, the manufacturer of a scissor-lift may install a tie-off point(s) in the work platform. In those cases, you should consult their instructions for recommendations as to when it might be necessary to tie-off while using their equipment.
Why is fall protection important?

Falls are among the most common causes of serious work related injuries and deaths. Employers must set up the work place to prevent employees from falling off of overhead platforms, elevated work stations or into holes in the floor and walls.

What can be done to reduce falls?

Employers must set up the work place to prevent employees from falling off of overhead platforms, elevated work stations or into holes in the floor and walls. OSHA requires that fall protection be provided at elevations of four feet in general industry workplaces, five feet in shipyards, six feet in the construction industry and eight feet in longshoring operations. In addition, OSHA requires that fall protection be provided when working over dangerous equipment and machinery, regardless of the fall distance.

To prevent employees from being injured from falls, employers must:

  • Guard every floor hole into which a worker can accidentally walk (using a railing and toe-board or a floor hole cover).
  • Provide a guard rail and toe-board around every elevated open sided platform, floor or runway.
  • Regardless of height, if a worker can fall into or onto dangerous machines or equipment (such as a vat of acid or a conveyor belt) employers must provide guardrails and toe-boards to prevent workers from falling and getting injured.
  • Other means of fall protection that may be required on certain jobs include safety harness and line, safety nets, stair railings and hand rails.

OSHA requires employers to:

  • Provide working conditions that are free of known dangers.
  • Keep floors in work areas in a clean and, so far as possible, a dry condition.
  • Select and provide required personal protective equipment at no cost to workers.
  • Train workers about job hazards in a language that they can understand.
Additional Fall Protection Resources

“Infographic: How Does Your Safety Culture Stack Up?”

Both OSHA observations and independent research confirm that developing a strong safety culture has the potential to have the greatest impact on incident reduction of any process. Check out the infographic to find out what we learned about the state of safety culture from a recent BLR survey of over 500 EHS professionals, HR professionals, and other individuals involved in safety at their organizations.

Learn more about the survey results by attending BLR’s Safety Culture 2016 conference September 15–16 in Austin, Texas. Register here.

safety-culture-2016

“The Journey to Safety Excellence” – Infographic

Journey to Safety Excellence

The Journey to Safety Excellence is a roadmap for continuous safety improvement. We know that maintaining a safe workplace is a never-ending journey, not a destination. Check out this infographic to learn about four key pillars to protect workers and enhance your organization’s performance.

Download this infographic here: http://www.nsc.org/JSEWorkplaceDocuments/JSE-Infographic-Printable.pdf

Provided by the National Safety Council

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