The U.S. Chemical Safety Board (CSB) reported that it has developed a new policy on employee participation in investigations that the Board hopes will enhance the vital role played by plant workers in determining root causes of incidents and promoting facility safety.
The policy, which was approved by a unanimous 3-0 vote of the Board earlier this year, follows a roundtable involving accident victims, family members, and worker representatives convened by the CSB. [WCx]
The new policy implements a key provision of the CSB enabling statute at 42 U.S.C. § 7412(r)(6)(L), which provides that employees and their representatives have similar rights in CSB accident investigations as they do during OSHA inspections under the Occupational Safety and Health Act of 1970.
The 10 key elements of the new policy include
- If the CSB initiates an investigation at a union-represented site, the CSB will promptly identify and notify facility unions of its plans to investigate. At non-union sites, the CSB will seek to identify other employee representatives, such as employee members of any established Health and Safety Committee, or other employee representatives, if possible
- The CSB will seek participation by contract employees and their representatives, similar to facility employees.
- The CSB will establish direct, face-to-face communications with employee representatives from the outset of its investigations.
- The CSB will take measures to avoid interference by any party with the proper exercise of employee participation.
- CSB investigators will allow and encourage employee representatives to accompany the CSB team during site inspections and tours. Such participation is often critical for understanding complex processes and learning of important safety concerns and hazards.
- Where necessary to obtain information, CSB investigators will conduct separate meetings with employee representatives.
- During CSB interviews, any non-supervisory employee may be accompanied by another non-supervisory employee, a personal attorney, or a family member as described in 40 CFR 1610.
- The CSB will provide employee representatives with the opportunity to review and comment upon evidence and equipment testing protocols and to observe testing, similar to the opportunities for companies and other parties. Employee representatives will also have access to any test results, to an extent equivalent to other parties.
- The CSB will provide employee representatives with the opportunity to review and comment on the factual accuracy of CSB reports, recommendations, and interim statements of findings prior to public release, to a degree equivalent to any opportunities provided to company representatives.
- The CSB will monitor the implementation of the policy to ensure that participation by facility employees and representatives in CSB investigations does not result in prohibited whistleblower retaliation under 42 USC § 7622. Documented instances of retaliation will be referred to appropriate federal enforcement agencies.
The CSB is an independent federal agency charged with investigating serious chemical accidents. The agency’s board members are appointed by the president and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems. [WCx]
The Board does not issue citations or fines but does make safety recommendations to plants, industry organizations, labor groups, and regulatory agencies such as OSHA and EPA.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
VIEW SAMPLES PAGES
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
On April 5, 2012, the Occupational Safety and Health Administration (OSHA) put out a news release about a proposed $151,300 fine for American Showa, a Blanchester, Ohio manufacturer of power steering pumps and power steering gear boxes for the transportation industry (See our By Industry WC Guide) . The OSHA proposed fines are steep because OSHA alleges that American Showa had two willful violations of safety, plus 11 other safety and health violations.
OSHA has the option of issuing citations with or without penalties after a compliance officer has inspected a facility and reported the findings. The compliance officer does not determine whether a citation or a penalty will be issued, or even if any action will be taken. The determination is made by the area director. [WCx]
What is a Citation?
A citation is a written statement sent by certified mail from OSHA to the employer. It may or may not be combined with a penalty. The citation will state the OSHA regulations and/or standards the employer is alleged to have violated. It will provide the employer with a time period for the necessary correction(s) to be made. The employer is required to post a copy of the citation near the location where the violation occurred. The citation must remain posted for three days or until the violation is corrected, whichever is longer. The only cost to the employer for a citation is the cost necessary to correct the OSHA violation.
When penalties are issued by OSHA, not only is there the cost of correcting the violation, there is also the proposed penalty (fine) that will be paid.
There are seven categories of penalties the employer can be subject to.
- Other Than Serious Violation
- Serious Violation
- Willful Violation
- Repeated Violation
- Failure to Abate Prior Violation
- De Minimis Violations
- Other Violations
Other than Serious Violation
This is defined as a violation that has a direct impact on job safety and health, but will probably not cause serious physical harm or death. The penalty can be any amount up to $7,000. The penalty amount can be adjusted downward by as much as 95% based on the employer’s good faith effort to correct the violation, the employer’s previous history of violations, and the size of the business. The penalty will be waived if the adjusted amount is less than $100.
Serious Violation
A violation where there is a substantial probability of serious injury or death and the employer knew, or should have known, of the hazard. The penalty can be any amount up to $7,000. The penalty amount can be adjusted downward by as much as 95% based on the employer’s good faith effort to correct the violation, the employer’s previous history of violations, the seriousness of the violation and the size of the business.
Willful Violation
The employer knows what is being done is in violation of OSHA standards and regulations, or is aware that a hazardous condition exists, but makes no effort to eliminate the hazard. The area director can propose a penalty of up to $70,000 for each willful violation. The penalty can be adjusted downward depending on the size of the business and its history of previous violations. No adjustment is given for a good faith effort to correct the violation (as in OSHA’s opinion, the employer should have already made an effort to correct the violation).
If the willful violation has resulted in the death of an employee, the violation can be punished by a court imposed penalty of up to $250,000 for an individual and up to $500,000 for a corporation, imprisonment for up to six months, or both.
Repeated Violation
When upon re-inspection, a substantially similar violation of any standard, rule, regulation or order is found, a fine of up to $70,000 can be imposed on the employer. For a violation to be classified as a repeated violation, it cannot be of a citation that is being contested.
Failure to Abate Prior Violation
This violation comes with a penalty of up to $7,000, per day, for each day the previously cited violation remains unabated.
De Minimis Violation
A violation of OSHA standards which has no direct or immediate impact on the safety and health of the employees is referred to as a de minimis violation. They are documented by the compliance officer, but are not included in the citation.
Other Violations
Other violations, for which citations and penalties can be issued, upon conviction, include:
Violations of posting requirements can carry penalty of up to $7,000.
Falsifying records and reports have a fine of up to $10,000, or six months imprisonment, or both.
Assaulting a compliance officer, or interfering with, resisting, opposing or intimidating a compliance officer is a criminal offense with a fine of not more than $3,000 and imprisonment for not more than 3 years. [WCx]
To learn more about OSHA citations or penalties or general information about OSHA and keeping your employees safe, visit the OSHA website at:
www.osha.gov and also our article on Must an Employer Maintain a Safe Workplace. If we can be of assistance on improving your safety program, reducing your cost of workers compensation and decreasing the possibility of an OSHA citation and penalties, please
contact us.
Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: RShafer@ReduceYourWorkersComp.com.
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
VIEW SAMPLES PAGES
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
Roofers seldom think of their respiratory health. Having worked closely with roofers for over 20 years, I can say with certainty that most feel that this area of OSHA compliance and heath is not on their “top ten list”.
I will address this issue from the perspective of a group of roofers I have worked with recently for a large roofing contractor.
I can honestly say that I am always aware of these hazards, but in the interest of overall risk management, there were always just “bigger fish to fry”. Keeping roofers from falling off a roof just seemed more important all along.
Why Now?
As a whole, roofing has seen the highest level of improvement in safety of any part of construction. However, we all have areas we need to address. If fall protection is conquered and other critical areas of safety in your trade, but respiratory health has not been addressed, it might be a worthwhile choice. But, why a formal respirator program? The reasons are many and varied. Let us look at a sampling of some critical items.
1. Hazards
From the first cut of a saw into concrete, the silica requirement is met. And thanks to a recent addition to the welding standard, any welding will now put us into the hexavalent chromium standard. The very act of burning the welding rods makes for sufficient H/C to put us in the action level of the standard.
2. Adhesive hazard
It is quite easy to get into trouble with PEL’s (permissible exposure limit) of these chemicals. The exposure will be higher on low wind days. Often, a false conclusion is made that wind direction or use of local ventilation is sufficient; however, a close read of the MSDS on newer adhesives will show that “respirator protection is recommended for all days, not just windy ones!
3. Re-roof hazards
Other hazards face us on “re-roofs”. Hazards, such as mold, bacteria and unknown particles (asbestos, fiberglass) arise when disturbed while removing old covering layers. This is critical, as many roofing situations can create sufficient dust and unknown particles to be of real concern. Total dust and particulates alone can easily become a respiratory hazard. (You may want to scream,” I QUIT!”) Not so fast, though. A compliant respiratory program can be simple and affordable, with proper thought and implementation.
Costs
First, who gets selected to be the respirator users? Cost is a considerable factor, here, so it is not advisable to use new employees. Can you say, “increased turnover costs”?
The costs are real. First, the employee(s) chosen are sent to a doctor, who performs respiratory testing including spirometry ( Read more about spirometry from Lowerwc.com
here). OSHA requires employees be tested to see if their health is sufficient to
use a respirator. Working, while breathing through a respirator, is harder than one might think. It is important to choose employees in excellent health preferably
non-smokers, when possible.
Cost at an occupational medical center should be about $125 for first check and somewhere between $75 and $125 each year thereafter for OSHA required annual follow up. This is another reason why it is important to choose employees looking toward longevity.
Quality counts
Next, purchase “quality protection”. N-95 dust masks will suffice for exposure other than just that dust mold, and particulates in low levels. We recommend a quality half-mask respirator, around $90, with interchangeable cartridges ($50 per exposure). This way, one mask can serve welding, adhesives and particulates, by changing the filter cartridge for the task at hand.
Training
Now the employee will need to be trained and fit-tested for the respirator. Cost? $125, tops. So, that is around $500-$650 per trained and certified employee per year.
This is a pittance compared to even the first medical claim or OSHA violation!
The OSHA Inspection
It makes for a compelling risk assessment; even if in your area (large city as opposed to rural costs) you find it on the high side of these estimates. But, make no mistake about it—YES the OSHA inspector will ask even a roofer about compliance with this standard, especially if the roofer is using the concrete saw or adhesives at the time the inspector is on site.
Summary
Now that the fall protection and other threatening safety “dragons” are slain, it may be time to look at the respiratory health and compliance in your company. [WCx]
The roofing industry is more aware of risk and compliance as time passes . Also we are learning that some of our worst fears about compliance were unfounded and can actually make for good business. Stay safe!!
Brian Hill is owner of OshaSure in Birmingham Alabama and has over 20 years as a workplace safety and risk consultant. Brian was previously a pilot for a major US airline and member of the company’s interdepartmental safety committee. He found his new career in safety after the closing of the airline in 1991. Brian has found the same passion he had for flying in assisting companies with safety, heath and risk issues. Contact Brian by email at:
oshasurebh@aol.com For more information click on
www.oshasure.com or call 205-296-0601
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) recently cited Ohio-based Falls Stamping and Welding Co. with a total of 19 safety and health violations including one willful and three repeat offenses. OSHA began an inspection after receiving a complaint alleging a failure to lock out and tag out machinery energy sources at the company's Cleveland metal stamping facility, which exposed workers to amputation hazards. Proposed penalties total $124,740.
The willful violation has been cited for failing to ensure workers who lock out machinery, such as mechanical power presses, were trained in lockout and tagout procedures. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health. [WCx]
The repeat violations include failing to provide machine guarding for equipment including lathes and shears, ensure that hand controls on mechanical power presses were in a fixed position to prevent workers from relocating them and ensure that safety blocks were used when changing the press die. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited at the company's Cuyahoga Falls facility in 2009.
Seven serious safety violations involve failing to develop and document machine-specific lockout/tagout procedures, provide a periodic review of energy control procedures for the mechanical power presses, ensure that guards were in place on the maintenance department grinder, provide safety blocks for workers making adjustments and repairs to a mechanical power press, and ensure that the power cable for horizontal band saw had effective strain relief.
Four serious health violations include failing to perform a required workplace hazard assessment, train workers in the use of portable fire extinguishers, implement a hazard communication training program and evaluate powered industrial truck operators for competency. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Four other-than-serious health violations involve failing to label bottles of oil with their contents and hazard warnings, affix a plate to indicate the load rating for the mezzanine storage level and include a list of hazardous chemicals used in the company's hazard communication program. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
"Failing to train workers in proper lockout and tagout procedures of energy sources in a manufacturing environment places workers at risk of amputations and other serious injuries," said Howard Eberts, OSHA's area director in Cleveland. "Employers cited with repeat violations demonstrate a lack of attention to employee safety and health. OSHA is committed to protecting workers on the job, especially when employers fail to do so."
Due to the willful and repeat violations and the nature of the hazards, OSHA has placed Falls Stamping and Welding Co. in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. [WCx]
Prior to this inspection, the first at the company's Cleveland location, Falls Stamping and Welding Co. Cuyahoga Falls facility had been inspected by OSHA 19 times.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
For roofers and safety professionals, I am about to touch that third rail of safety. Is there such a thing as too much safety? As a 20 year plus safety professional I never thought I would answer this with a resounding YES! But here goes.
Increasing compliance
I have been watching as OSHA has incrementally increased requirements, with an eye on the changes and how they affect daily operations. Up to now I have been able to live with the changes in our workplace and the added paperwork and responsibility and so have workers. [WCx]
Thoughtful preparation
I have no problem with the added OSHA requirements as they have proven to my watchful eye to have merit. With thoughtful preparation and combining of the standard morning briefing and with minimal documentation, we have managed to meet and even exceed the individual site pre-task planning and hazard analysis.
Documentation
In conjunction with a larger roofing contractor, we have come up with a single form (two pages) that covers all the requirements. Some creative additions to this form to have the added benefit of a 5 day term which in turn lowers annual paperwork.
We have a brief meeting of the minds each morning where we cover the day’s work to come and any new hazards. Add to this a forward looking checklist of potential hazards with a check off list, and we have a compliant situation.
It sounds like we have it all covered, right? Well, not so fast.
The roofing company I have just mentioned has been faced with two cases lately that ask for more, WAY MORE! How can this be?
Added requirements
First, I will relate one new contract with a large national general contractor. The requirements this company has added are, in my experience, nothing short of make work. They have added a requirement for a dedicated safety professional with at least an OSHA 500 card to be on site at any time work is under way. This for a crew of 6-10 that already has a supervisor with a 30 hour card and most team members hold 10 hour cards. As well, we are required to follow and document additional steps that I will not detail here to avoid “outing” the GC. These steps each require several daily forms.
Over tasked supervisors
We have an excellent team with an excellent safety attitude and culture. However all this added paperwork and over supervision is causing hard feelings among our supervisors. I fear that this will affect our existing safety culture and team sprit as it seems any real input from the team is no longer necessary or wanted, just the forms! Additionally, the negative attitude growing among our crew is palatable.
Team Spirit trouble
My greatest fear is that this perception has trickled down through the ranks and has eroded a safety culture many years in the making. The barrage of forms and make work have my supervisors grumbling, and it comes off to the crew as being negative about safety in general. I ask, will this apathy lead to a team member not doing some basic safety requirement that will get them hurt? I say it is likely and fear the end result.
EM-385
The next situation is very similar yet involves work on a military base. This brings in a new set of requirements that is also troubling. If anyone out there has dealt with EM-385, then this concern is understood I do not need to detail here all of the steps and requirements past the daily JHA (job hazard analysis) of each work step every day. This of course requires a dedicated safety professional following the workers through the day completing mountains of paperwork. Not only will this add the risk of another person on the roof, it can create a distraction negative to our goals and contrary to our existing safety culture.
Over commitment
Is this trend a result of an over commitment to safety? Is this possible? In a world where we have finally started to see some positive safety cultures develop across the roofing trades, are some clients asking more than is sensible? Should well meaning general contractors add on steps and require them as part of the contract? I say no. We should use the OSHA guidelines as a measure and add what works is needed to develop individual safety cultures that fit with our tasks. A safe workplace is not a factor of the amount of paperwork generated, but by the compliance, attitude, and culture a good team develops and lives by.
Possible Solutions
Be sure to do all that is needed to have the safest possible workplace. If that includes recognizing and dealing with unnecessary safety protocols added on by well meaning General Contractors or clients, do not stay silent. If this is the case, I suggest bringing it up before the start date. If there are not agreeable terms, ask for a review by an outside and unbiased professional. Having a proper balance of safety and compliance and documentation is an important and fragile thing that can be overdone if the entire process is not understood. At times, a new view from above may be the best course of action.
In Summary
Is this actually over commitment or is it our old nemesis—communication? I say the latter. No one intends to overwhelm with minutia or mountains of paperwork. The GC is doing all the right things; they may not be aware of the current status of all subcontractors programs. When they see a compliant situation many of these duplications may just fall away. [WCx]
Brian Hill is owner of OshaSure in Birmingham Alabama and has over 20 years as a workplace safety and risk consultant. Brian was previously a pilot for a major US airline and member of the company’s interdepartmental safety committee. He found his new career in safety after the closing of the airline in 1991. Brian has found the same passion he had for flying in assisting companies with safety, heath and risk issues.
oshasurebh@aol.com
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
The Occupational Safety and Health Administration (OSHA) recently issued a new National Emphasis Program (NEP) for chemical facilities to protect workers from catastrophic releases of highly hazardous chemicals, according to a report from the agency.
"Far too many workers are injured and killed in preventable incidents at chemical facilities around the country," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "This program will enable OSHA inspectors to cover chemical facilities nationwide to ensure that all required measures are taken to protect workers." (WCxKit)
The new NEP replaces OSHA's 2009 pilot Chemical Facility National Emphasis Program which covered several OSHA regions around the country. The program establishes policies and procedures for inspecting workplaces that are covered by OSHA's process safety management (PSM) standard.
The program's inspection process includes detailed questions designed to gather facts related to PSM requirements and verification that employers' written and implemented PSM programs are consistent. The intent of the NEP is to conduct focused inspections at facilities randomly selected from a list of worksites likely to have highly hazardous chemicals in quantities covered by the standard. (WCxKit)
OSHA implemented a multi-year pilot NEP for PSM-covered facilities in an effort to reduce releases of highly hazardous chemicals. "During our pilot Chemical NEP we found many of the same safety-related problems that were uncovered during our NEP for the refinery industry, which is also covered by the PSM standard," said Michaels. "As a result, we are expanding the enforcement program to a national level to increase awareness of these dangers so that employers will more effectively prevent the release of highly hazardous chemicals."
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
New Zealand Employer Fined after Serious Injuries to Workers
Two companies from Taranaki, New Zealand have been fined a total of $71,500 after an employee suffered serious injuries when the hired machine he was operating rolled down a slope, pinning him underneath.
According to details from the Department of Labour, Taranaki Civil Construction Limited was fined $38,500 and ordered to pay $12,000 in reparation to its employee who suffered a compound fracture to his right arm and lacerations to his scalp and neck. (WCxKit) Graham Harris (2000) Limited , the company that hired out the roller, was fined $33,000 and ordered to pay $4,000 in reparation for failing to ensure the roller was safe to use.
The New Plymouth District Court heard that the company was working on a project in New Plymouth to improve flood defenses in February this year. The employee was using a roller to compact clay at the top of the stop bank.
“The roller that the company hired was not fit for the operation as it did not have a roll over protective structure or a seat belt,” says the Department of Labour’s Taranaki Service Manager Jo Pugh. “This type of machinery is not appropriate to use on top of a narrow stop bank of clay and it put this employee at serious risk of harm,” says Pugh.
“This accident could have been prevented had some basic safety steps been followed, saving this employee from a number of operations that were required due to his injuries.”
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
VIEW SAMPLES PAGES
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
Blue-collar employees are not the only ones that have workers compensation claims. Office workers, especially those that sit in front of a computer all day, are having their share of workers compensation claims. Carpal tunnel syndrome, neck aches, and back aches are common musculoskeletal disorders and they are on the rise. Additionally, eye strain, headaches and stress on the body from poor computer mechanics can interfere with the employee’s productivity.
The wrong placement of the keyboard, the monitor, the mouse, the chair or the work surface can produce unnatural stress on the body, especially if the employee is forced to sit and work in an unnatural position. Poor posture, tilting to either side, leaning forward or stretching to work, all produce pressure on the neck and spine. (WCxKit)
Proper body positioning at the computer is important enough that OSHA has put forth guidelines designed to reduce the number of injury claims that result from improper body alignment with the keyboard and monitor. The goal of the guidelines is to create neutral body positioning. When the body is in a neutral position, the joints of the body are naturally aligned. This minimizes the stress on the muscles, tendons and ligaments.
The OSHA guidelines for computer ergonomics include:
- Hands, wrists and forearms are straight, in-line and roughly parallel to the floor.
- Head is level or bent slightly forward, forward facing, and balanced.
- The head is in-line with the neck and torso.
- Shoulders are relaxed and upper arms hang normally at the side of the body.
- Elbows stay in close to the body and are bent between 90 and 120 degrees.
- Feet are fully supported by the floor or a footrest may be used if the desk height is not adjustable.
- Back is fully supported with the appropriate lumbar support when sitting vertical or leaning back slightly.
- Thighs and hips are supported by a well-padded seat and generally parallel to the floor.
- Knees are about the same height at the hips with the feet slightly forward.
In addition to having the body properly aligned with the keyboard and monitor, the employee should take the following steps to reduce the likelihood of creating a musculoskeletal problem:
- Stand up and walk around for a few minutes periodically.
- Stretch the torso, legs, arms, hands and fingers.
- Dangle the arms by their side, shift the position of their legs and shrug the shoulders.
- Make small adjustments to the chair and backrest.
- Look away from the computer and refocus the eyes on a distant point.
- Vary the work in order to utilize different muscles
Teaching the employees to use proper posture at the computer can be complicated by things outside of the employee’s control. For instance, if every employee has the exact same office chair and cubicle with the same fixed level desktop / work surface, the adjustments needed for a 6 foot tal man will be significantly different then the adjustments needed for a 5 foot tall woman. True ergonomics adapts the workplace to fit the specific needs of the employee rather than forcing the employee to adapt to the work area.
The employee who is sitting back in a chair with proper lumbar support; with the eyes straight forward or looking down slightly; the head, neck and torso in a natural alignment and the feet flat on the floor, will have rarely develop any type of muscular-skeletal problem. The employer can assist the employees to avoid workers compensation claims arising from the use of their computer. The computer ergonomics the employer should consider include [WCx]
- The height of the work surface being designed for the employee’s specific job.
- The office chair being adjustable for the employee.
- The height of the computer screen being adjustable for the height of the employee.
- The computer keyboard and mouse being properly placed.
- The lighting of the surrounding area is appropriate to eliminate glare.
The OSHA guidelines for proper computer posture should be provided to all employees. The safety manager and/or risk manager should work to educate the employees on proper posture at the computer and provide the employees with the necessary furniture, equipment or aids to have proper computer posture. Proper computer ergonomics will eliminate most computer related musculoskeletal injury claims. Many things about ergonomically correct positions are not obvious to the untrained eye, so become educated about risk reduction in this area if you have employees working on computers, and what employer doesn't these days.
Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: RShafer@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
OSHA recently cited Navillus Contracting Tile Inc. for alleged repeat and serious violations of safety standards at a work site in Brooklyn, New York.
The Manhattan-based masonry contractor was cited following an incident in which an employee fell 80 feet to a lower level from the top of a 118-foot-high scaffold. [WCx]
"This employee is fortunate to have escaped death, but what is unfortunate is that this fall occurred in the first place," said Kay Gee, OSHA's area director for Brooklyn, Manhattan, and Queens. "It is effective scaffold maintenance, work practices and fall protection – not luck – that are essential to protecting workers against life-threatening falls."
An inspection by OSHA's Manhattan Area Office found that the scaffold platform was not fully planked and lacked guardrails, an aluminum access platform was not secured against displacement, another worker was not tied off to a safe anchorage point, and employees accessed work areas by climbing up and down the scaffold frames. These conditions resulted in citations for six serious violations, with $36,000 in proposed fines. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
One repeat violation with a proposed fine of $38,500 involves a lack of guardrails. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. OSHA cited Navillus in 2008 for a similar hazard at a Bronx work site. .[WCx]
"To prevent hazards such as these, employers should implement effective illness and injury prevention programs in which they work continuously with their employees to identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
VIEW SAMPLES PAGES
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) reports it has cited Exel Inc. for nine, including six willful, workplace safety and health violations at the Eastern Distribution Center III, a facility in Palmyra owned by the Hershey Co. and operated by Exel. Proposed penalties total $283,000. OSHA also has cited the SHS Group LP, doing business as SHS Staffing Solutions, for one violation with a proposed penalty of $5,000.
The agency's inspection was conducted in response to a complaint filed by the National Guestworker Alliance on behalf of a group of foreign students who were performing summer jobs at the Palmyra facility under the U.S. Department of State's J-1 visa program. Their visas were sponsored by the nonprofit organization Council for Educational Travel-USA. The complaint alleges a number of abuses of the visa program, which is designed to promote cultural exchange, as well as exploitative and unsafe conditions in the workplace.
Under a contract with Exel, SHS Staffing Solutions hired the students to work at the Palmyra site repackaging Hershey candies for promotional displays. Exel is a contract logistics provider headquartered in Westerville, Ohio, with more than 40,000 employees at more than 500 sites in North America.
Exel was responsible for record keeping in the Palmyra facility. OSHA has cited the six willful violations with penalties totaling $280,000 for failing to record injuries and illnesses on the OSHA 300 log for four years, evaluate the accuracy of the 300 logs before certifying them for three years, and develop and implement an effective hearing conservation program. A willful violation is one committed with intentional knowledge or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
"Nothing useful can be learned from an unrecorded injury," said OSHA Assistant Secretary Dr. David Michaels. "Accurate records provide critical information to employers and employees about the cause and prevention of work-related injuries. The law requires employers to maintain complete and accurate records because, without these, it is more difficult to prevent additional injuries and illnesses from occurring."
SHS Staffing Solutions, a temporary staffing provider headquartered in Lemoyne, has been cited with one serious violation for failing to provide training to employees on the lockout/tagout of energy sources. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Exel also has been cited for three other-than-serious violations carrying a $3,000 penalty related to inadequate record keeping. An other-than-serious violation is one that probably would not cause death or serious physical harm.
Additionally, the Labor Department's Wage and Hour Division is investigating potential violations of the Fair Labor Standards Act relating to the work performed by the CETUSA-sponsored foreign students. Because CETUSA has withheld documents from investigators, the secretary of labor filed a petition to enforce an administrative subpoena against CETUSA in the U.S. District Court for the Middle District of Pennsylvania in order to complete this investigation.
On Feb. 7, Judge William Caldwell ordered CETUSA to file a response within two weeks to explain to the court why the documents have not been produced. CETUSA has filed a response pursuant to the court's order, and further proceedings before Caldwell are anticipated.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
VIEW SAMPLES PAGES
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.
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