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“OSHA 300 Logs: Four Common Mistakes Employers Make”

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This is your annual reminder about the important annual February 1st deadline to prepare, certify and post your OSHA 300A Annual Summary of workplace injuries and illnesses, for all U.S. employers, except those with ten or fewer employees or those whose NAICS code is for the set of low hazard industries exempted from OSHA’s injury and illness recordkeeping requirements, such as dental offices, advertising services, and car dealers (see the exempted industries at Appendix A to Subpart B of Part 1904).

Specifically, by February 1st every year, employers must:

  • Review their OSHA 300 Log(s);
  • Verify the entries on the 300 Log are complete and accurate;
  • Correct any deficiencies identified on the 300 Log;
  • Use the injury data from the 300 Log to calculate an annual summary of injuries and illnesses and complete the 300A Annual Summary Form; and
  • Certify the accuracy of the 300 Log and the 300A Summary Form.

The Form 300A is a summation of the workplace injuries and illnesses recorded on the OSHA 300 Log during the previous calendar year, as well as the total hours worked that year by all employees covered by the particular OSHA 300 Log.

Four Common 300A Mistakes that Employers Make

We see employers make the following four common mistakes related to this annual injury and illness Recordkeeping duty:

  1. Not having a management representative with high enough status within the company “certify” the 300A;
  2. Not posting a 300A for years in which there were no recordable injuries;
  3. Not maintaining a copy of the certified version of the 300A form and
  4. Not updating prior years’ 300 Logs based on newly discovered information about previously unrecorded injuries or changes to injuries that were previously recorded.

Certifying the 300 Log and 300A Annual Summary

The 300 Log and the 300A Annual Summary Form are required to be “certified” by a “company executive.” Specifically what the company executives are certifying is that they:

  1. Personally examined the 300A Annual Summary Form;
  2. Personally examined the OSHA 300 Log from which the 300A Annual Summary was developed; and
  3. Reasonably believe, based on their knowledge of their companies’ recordkeeping processes that the 300A Annual Summary Form is correct and complete.

A common mistake employers make is to have a management representative sign the 300A Form who is not at a senior enough level in the company to constitute a “company executive.”  As set forth in 1904.32(b)(4), company executives include only the following individuals:

  • An owner of the company (only if the company is a sole proprietorship or partnership);
  • An officer of the corporation;
  • The highest ranking company official working at the establishment; or
  • The immediate supervisor of the highest ranking company official working at the establishment.

Posting the 300A Annual Summary

After certifying the 300A, OSHA’s Recordkeeping regulations require employers to post the certified copy of the 300A Summary Form in the location at the workplace where employee notices are usually posted.  The 300A must remain posted there for three months, through April 30th.

Another common mistake employers make is to not prepare or post a 300A Form in those years during which there were no recordable injuries or illnesses at the establishment.  Even when there have been no recordable injuries, OSHA regulations still require employers to complete the 300A form, entering zeroes into each column total, and to post the 300A just the same.

Maintaining the 300A for Five Years

After the certified 300A Annual Summaries have been posted between February 1st and April 30th, employers may take down the 300A Form, but must maintain for five years following the end of the prior calendar year, at the facility covered by the form or at a central location, a copy of:

  • The underlying OSHA 300 Log;
  • The certified 300A Annual Summary Form; and
  • Any corresponding 301 Incident Report forms.

In this technology era, many employers have transitioned to using electronic systems to prepare and store injury and illness recordkeeping forms. As a result, another common mistake employers make is to keep only the electronic version of the 300A, and not the version that was printed, “certified” typically by a handwritten signature and posted at the facility. Accordingly, those employers have no effective way to demonstrate to OSHA during an inspection or enforcement action that the 300A had been certified.

Finally, another common mistake employers make is to put away old 300 Logs and never look back, even if new information comes to light about injuries recorded on those logs.  However, OSHA’s Recordkeeping regulations require employers during the five-year retention period to update OSHA 300 Logs with newly discovered recordable injuries or illnesses, or to correct previously recorded injuries and illnesses to reflect changes that have occurred in the classification or other details.  This requirement applies only to the 300 Logs; i.e., technically there is no duty to update 300A Forms or OSHA 301 Incident Reports.

Source: JD Supra – Eric Conn

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“Is Predictive Analysis For Safety Just the Next Big Thing?”

Another thought provoking #safety post from my good friend Phil La Duke

Phil La Duke's Blog

By Phil La Duke

I’ve taken a fair amount of flack about being behind on the latest and greatest in Safety theory. I’m not worried about getting a little flack from pompous, over-blown, theoreticians who pat me on the head and patronize me for being the poor stupid author of an antiquated article filled with atavistic thinking. That’s fine, but keep it respectful or I will poor more vitriol and bile then you thought possible.

For starters I have been a proponent, advocate, and user of predictive indicators since the late 1990s. But I have to tell you that I think the theoreticians are jumping the gun in saying that we can predict fatalities, or even injuries, at least not without significant education in statistics and data analysis.

Predicting fatalities is a bit like predicting the weather; that is, difficult. The difficulty lies in the many variables that can influence…

View original post 652 more words

“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

“OSHA Enforcement Case Database By State” #OSHA #Violations #Data

osha-database-of-fines-2016

Enforcement Cases with Initial Penalties Above $40,000

(Includes citations issued starting January 1, 2015. Cases are updated weekly. There is a posting delay to ensure the parties have been notified.)

Click on link to view States Map and Violations by State : https://www.osha.gov/topcases/bystate.html

NOTE: OSHA is currently migrating its legacy system. Cases prior to 2011 (Federal OSHA) and 2013 (OSHA State Plans) may be affected by this migration. Cases indicated without the .015 extension reflect the data as of 08/05/2016. The next updates for those cases will be reflected October, 2016. Should you need case status updates for those cases before October 2016, please contact your originating OSHA Office.

“How to Write a Good Accident or Incident Report” #Safety #Accident #Report

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An accident or  incident report needs to include all the essential information about the accident or near-miss. The report-writing process begins with fact finding and ends with recommendations for preventing future accidents.

You may use a special incident reporting form, and it might be quite extensive. But writing any incident report involves four basic steps, and those are the focus of today’s post.

1. Find the Facts

To prepare for writing an accident report, you have to gather and record all the facts. For example:

· Date, time, and specific location of incident

· Names, job titles, and department of employees involved and immediate supervisor(s)

· Names and accounts of witnesses

· Events leading up to incident

· Exactly what employee was doing at the moment of the accident

· Environmental conditions (e.g. slippery floor, inadequate lighting, noise, etc.)

· Circumstances (including tasks, equipment, tools, materials, PPE, etc.)

· Specific injuries (including part(s) of body injured and nature and extent of injuries)

· Type of treatment for injuries

· Damage to equipment, materials, etc.

2. Determine the Sequence

Based on the facts, you should be able to determine the sequence of events. In your report, describe this sequence in detail, including:

· Events leading up to the incident. Was the employee walking, running, bending over, squatting, climbing, lifting operating machinery, pushing a broom, turning a valve, using a tool, handling hazardous materials, etc.?

· Events involved in the incident. Was the employee struck by an object or caught in/on/between objects? Did the worker fall on the same level or from a height? Did the employee inhale hazardous vapors or get splashed with a hazardous chemical?

· Events immediately following the incident. What did the employee do: Grab a knee? Start limping? Hold his/her arm? Complain about back pain? Put a hand over a bleeding wound? Also describe how other co-workers responded. Did they call for help, administer first aid, shut down equipment, move the victim, etc.?

The incident should be described on the report in sufficient detail that any reader can clearly picture what happened. You might consider creating a diagram to show, in a simple and visually effective manner, the sequence of events related to the incident and include this in your incident report. You might also wish to include photos of the accident scene, which may help readers follow the sequence of events.

3. Analyze

Your report should include an in-depth analysis of the causes of the accident. Causes include:

· Primary cause (e.g., a spill on the floor that caused a slip and fall)

· Secondary causes (e.g., employee not wearing appropriate work shoes or carrying a stack of material that blocked vision)

· Other contributing factors (e.g., burned out light bulb in the area).

4. Recommend

Recommendations for corrective action might include immediate corrective action as well as long-term corrective actions such as:

· Employee training on safe work practices

· Preventive maintenance activities that keep equipment in good operating condition

· Evaluation of job procedures with a recommendation for changes

· Conducting a job hazard analysis to evaluate the task for any other hazards and then train employees on these hazards

· Engineering changes that make the task safer or administrative changes that might include changing the way the task is performed

“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.

How to Write a Good Accident or Incident Report

image

An incident report needs to include all the essential information about the accident or near-miss. The report-writing process begins with fact finding and ends with recommendations for preventing future accidents.

You may use a special incident reporting form, and it might be quite extensive. But writing any incident report involves four basic steps, and those are the focus of today’s post.

1. Find the Facts

To prepare for writing an accident report, you have to gather and record all the facts. For example:

· Date, time, and specific location of incident

· Names, job titles, and department of employees involved and immediate supervisor(s)

· Names and accounts of witnesses

· Events leading up to incident

· Exactly what employee was doing at the moment of the accident

· Environmental conditions (e.g. slippery floor, inadequate lighting, noise, etc.)

· Circumstances (including tasks, equipment, tools, materials, PPE, etc.)

· Specific injuries (including part(s) of body injured and nature and extent of injuries)

· Type of treatment for injuries

· Damage to equipment, materials, etc.

2. Determine the Sequence

Based on the facts, you should be able to determine the sequence of events. In your report, describe this sequence in detail, including:

· Events leading up to the incident. Was the employee walking, running, bending over, squatting, climbing, lifting operating machinery, pushing a broom, turning a valve, using a tool, handling hazardous materials, etc.?

· Events involved in the incident. Was the employee struck by an object or caught in/on/between objects? Did the worker fall on the same level or from a height? Did the employee inhale hazardous vapors or get splashed with a hazardous chemical?

· Events immediately following the incident. What did the employee do: Grab a knee? Start limping? Hold his/her arm? Complain about back pain? Put a hand over a bleeding wound? Also describe how other co-workers responded. Did they call for help, administer first aid, shut down equipment, move the victim, etc.?

The incident should be described on the report in sufficient detail that any reader can clearly picture what happened. You might consider creating a diagram to show, in a simple and visually effective manner, the sequence of events related to the incident and include this in your incident report. You might also wish to include photos of the accident scene, which may help readers follow the sequence of events.

3. Analyze

Your report should include an in-depth analysis of the causes of the accident. Causes include:

· Primary cause (e.g., a spill on the floor that caused a slip and fall)

· Secondary causes (e.g., employee not wearing appropriate work shoes or carrying a stack of material that blocked vision)

· Other contributing factors (e.g., burned out light bulb in the area).

4. Recommend

Recommendations for corrective action might include immediate corrective action as well as long-term corrective actions such as:

· Employee training on safe work practices

· Preventive maintenance activities that keep equipment in good operating condition

· Evaluation of job procedures with a recommendation for changes

· Conducting a job hazard analysis to evaluate the task for any other hazards and then train employees on these hazards

· Engineering changes that make the task safer or administrative changes that might include changing the way the task is performed

“Infographic: “Is It Recordable?”

Is It Recordable?

Is It Recordable? by Safety.BLR.com

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

OSHAupdate

 

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

Contractors: “Who Is Responsible For Their Safety?”

If you hire contractors, perform contract work, or work at a multi-employer work site, it can be difficult to determine what your safety responsibilities are. Use this infographic to gain a better understanding of how multi-employer rules apply in common situations and what you should look for when hiring a contractor.

Contractors: Who's Responsible for Safety?

Contractors: Who’s Responsible for Safety? by Safety.BLR.com

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