Safety Net | April 2022

THE SAFETY NET CO N SU LT

APRIL 2022

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DESIGN

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IT’S ALWAYS SAFETY FIRST. •

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VOLUME 16 ISSUE 04

Distracted Driving 03.21.2022 | MSN

Whether using your cell phone, eating or talking to passengers, distracted driving is a significant hazard to everyone on the road. 3,142 people were killed in fatal distracted driving accidents in 2019, making this the cause of 8.7% of all crash fatalities that year, according to the National Highway Transportation and Safety Administration. (NHTSA) On top of that, approximately 280,000 others will be injured each year due to road distractions. The statistics paint a picture of how devastating the results can be when we drive while preoccupied.

SAFETY FIRST. Austin employees have worked 4,751,618 hours without a Lost Time Accident through 02/2022.

DISTRACTED DRIVING KEY FACTS • 3,142 people were killed by distracted driving in 2019. (NHTSA) • 8.7% of all car crash fatalities were due to distracted driving in 2019.

• 25% of distracted drivers in fatal crashes are between the ages of 20 and 29. (CDC) • 48 states and the District of Columbia have cell phone bans to combat distracted driving.

DISTRACTED DRIVING DEATHS PER YEAR

• Auditory distractions are sounds that cause your attention to shift, like listening to music or conversations among passengers.

• Manual distractions happen when your hands move away from the wheel, like eating, drinking or using electronics.

• Cognitive distractions happen when your mind wanders and you are no longer focused on driving, like when you’re preoccupied with strong emotions or too tired to drive.

Distracted driving causes about 3,000 deaths per year:

DISTRACTED DRIVING BEHAVIORS

3,142 deaths in 2019, 2,628 deaths in 2018 and 3,003 deaths

Many behaviors fit into the category of “distracted driving,”

in 2017, according to the NHTSA.

so it’s important that you know the difference between a

Additionally, distracted driving causes about 280,000 injuries

legal distraction and a personal distraction before you get

per year: 276,000 injuries in 2018, 285,000 injuries in 2017 and

behind the wheel. Here are some of the most common

295,000 injuries in 2016.

distraction behaviors:

Lastly, distracted driving causes about 920,000 total

• Texting while driving or having an in-depth

accidents per year (including fatalities and injuries): 938,000 accidents in 2018, 912,000 accidents in 2017, and 905,000 accidents in 2016.

phone conversation • Eating and drinking • Smoking

TABLE OF CONTENTS

• Applying makeup

• What is distracted driving?

• Turning to grab items from the back seat

• Distracted driving statistics over time

• Turning to face a passenger in the back seat

• Risk factors

• Carrying on a conversation with a passenger

• State distracted driving laws

• Using electronics, like a GPS or sound system

• Distracted driving impact on insurance rates

• Focusing on the rear-view mirror

• Distracted driving prevention

When drivers are not paying attention, they fail to

WHAT IS DISTRACTED DRIVING?

comprehend or process information from objects in the

In its simplest form, distracted driving includes any kind

you are distracted, your brain and visual processing are not

of activity that takes your attention away from the road

working together.

when you are behind the wheel. While most people

roadway, even when looking at them. In other words, when

a significant contributor - distracted driving encompasses

DISTRACTED DRIVING STATISTICS OVER TIME

numerous behaviors like using your phone, turning around

While we may think of distracted driving as a newer

and even eating while driving in some cases.

problem as more technology is available to us in our

DISTRACTED DRIVING TYPES

vehicles, it has occurred for years.

associate distracted driving with cell phone use - certainly

Distractions fall into several main types of categories: • Visual distractions cause you to move your eyes away

In April 2006, a study released by the Virginia Tech Transportation Institute and the NHTSA found that almost 80% of crashes and 65% of near-crashes involved some

from the road, like turning to talk to a passenger or child

form of driver inattention within three seconds of the event.

in the back seat.

The study goes on to find the most common distraction

was phone use, followed by drowsiness. Interestingly, the

passengers are present, according to Graduated

study noted that cell phone use was far less likely to cause

Licensing Laws and Fatal Crashes of Teenage Drivers:

the crash versus other distractions. Reaching for a moving

A National Study.

object increased the risk nine times, whereas talking on the cell phone increased the risk by only 1.3 times. This study is

STATE DISTRACTED DRIVING LAWS

one of the first to look at the effects of distracted driving.

Unfortunately, distracted driving has many consequences,

Also in 2006, the University of Utah concluded that talking on a cellphone while driving was as dangerous as drunk

including fines, points against your license, license suspension and even jail time if you cause a crash.

driving. The study was challenged because it did not show

Most states only have legislation that bans the use of cell

that hands-free cell phone use lessened the likelihood

phones while driving instead of broader distracted driving

of a crash.

bans. 24 states have bans against using handheld devices

According to historical data from 2010 to 2018, the number of fatalities from distracted driving appears to have decreased. However, when you compare the number of distracted driving accidents in total to the overall number

while driving, 20 totally ban all cell phone use while driving, and 48 ban texting specifically. The states that don’t ban texting while behind the wheel are Missouri and Montana.

However, just because there may not be an explicit ban

YEAR

Distracted driving deaths

Distracted driving accidents

on eating or applying makeup while driving in your state,

2019

2,895

986,000

that doesn’t mean you can’t get in trouble for it. You can

2018

2,645

938,000

2017

3,003

912,000

2016

3,197

905,000

2015

3,242

885,000

so your safest bet is to simply not drive while distracted.

2014

2,972

967,000

2013

2,910

904,000

HOW DISTRACTED DRIVING IMPACTS CAR INSURANCE RATES

2012

3,098

908,000

In some states, like Kansas, the police can charge you with

2011

3,047

826,000

2010

2,993

900,000

Source: NHTSA Studies: 2018 and 2013 of crashes, distracted driving has remained a steady contributor, causing between 14% to 17% of all crashes.

receive a secondary violation in several states if an officer sees you committing a primary violation (like running a red light) while distracted and pulls you over. Remember that police always have the power to issue a ticket for dangerous or reckless driving if your behavior constitutes it,

reckless driving if you are distracted. This type of charge could make it difficult when applying for a job and certainly can affect you when shopping for car insurance, potentially causing your car insurance rates to increase.

On a national level, distracted driving has caused insurance premiums to increase 16% since 2011, according to The Center for Policy and Research.

RISK FACTORS

Distracted driving can easily cause accidents or even

When looking through the data surrounding distracted

cause you to put a little more pressure on the gas. And

driving, a few key risk factors begin to emerge:

driving while intoxicated can certainly cause distractions.

• Age: While the popular assumption is that teens are the most distracted, the data indicates otherwise. Fatal crashes caused by distraction were highest among 20 to 29-year-old drivers, vs. just 9% by drivers aged 15 – 19.

• Passengers: Research shows that limiting the number of passengers with teen drivers reduces the number of fatalities. A national study of teen drivers showed that fatal crashes were 21% lower when zero passengers were present and 7% lower when only one passenger was allowed. This was compared to when two

According to data obtained from Quadrant Information Services, here’s how several common incidents can affect your car insurance rates.

DRIVING RECORD

Average annual full coverage car insurance premium

Clean driving record

$1,674

DUI conviction

$3,139

Accident

$2,311

Speeding ticket

$2,062 ...continued on next page 3

DISTRACTED DRIVING PREVENTION As eye-opening as the distracted driving statistics may be for some, it is helpful to understand there are actions you can take to prevent distracted driving, including: • Put your phone away. If you need to talk or text, pull over and complete your call.

• Use a designated “texter.” If you are driving with someone, have a passenger assigned to read and send your text messages.

• Limit the number of passengers you allow in your vehicle.

• Do not eat, drink or smoke while driving.

• No multitasking. Make a promise not to multitask and stick to it.

• Properly secure your kids and pets. Make sure everyone is properly buckled in and restrained, not only for their safety, but to prevent distraction.

• Program navigation beforehand. Before you hit the road, put your destination into your GPS prior to driving.

• Encourage others not to text and drive. If you see someone texting and driving, speak up and encourage them to put the phone away.

• Talk with your employer. Let your employer know you need to limit your phone conversations and texting while driving.

• Refrain from distracting tasks. Avoid the temptation of activities such as grooming, reading and applying makeup.

CDC Loosens Mask Guidance 03.02.2022 | EHS Today by David Sparkman OSHA relies on CDC’s guidelines for enforcement purposes.

In a move that will impact most employer’ COVID-19 workplace practices, the Centers for Disease Control and Prevention (CDC) has chosen to relax its guidelines for masks. The announcement came at the same time when states and localities around the country have been loosening their mask mandates and other restrictions.

Government officials say this is happening because of the recent lowering of Coronavirus infection rates throughout the United States, but the most vocal critics of government restrictions cynically charge that this is happening now only because the midterm elections are just months away.

The new CDC guidance published on Feb. 25 updates its most recent guidelines, which were issued in August 2021. CDC’s guidances have not been mandatory; but are considered only recommendations to be used much like best practices.

However, in reality they have much more significance than that. The Occupational Safety and Health Administration (OSHA), for example, uses the CDC guidelines as the basis for enforcement in some circumstances.

“It is worth noting that OSHA’s current COVID-19 guidance references the prior CDC recommendations, and will undoubtedly be updated to conform to the new recommendations,” says attorney Fiona W. Ong of the law firm of Shawe Rosenthal. “Compliance with the CDC’s recommendations clearly establishes that employers are also meeting their obligation under the General Duty clause of the Occupational Safety and Health (OSH) Act to provide a safe workplace.”

The new CDC guidance no longer distinguishes between vaccinated and unvaccinated persons in regard to its masking guidance. In addition, it has revised the metrics by which it evaluates COVID risk. Counties are divided into low, medium and high-risk levels, based on hospitalizations, hospital capacity and total new cases, as shown in the CDC county tracker.

Attorneys for the law firm of Seyfarth Shaw also explain that the agency continues its recommendation of employers relying on “layered prevention strategies,” which include staying up to date on vaccines and wearing masks, to prevent severe illness and a potential strain on the healthcare system.

The centers’ specific masking recommendations for the different levels of community exposure are: Low COVID-19 Community Level: The guidelines do not recommend masking in any setting, leaving mask use up to the individual at this level. However, the CDC continues to urge employers to stay up-to-date on COVID-19 vaccines and engaging in testing when employees experience symptoms. ...continued on next page 5

Medium Community Level: Those who live in counties who are either immunocompromised or at high risk for severe illness; or who live with someone who is at high risk for severe illness, are urged to continue wearing a mask while indoors in public settings. Employers in this medium level community also should stay up to date on vaccines and test if symptoms appear.

High Community Level: People should continue wearing well-fitting masks while indoors in public, regardless of vaccination status or individual risk. For those who are immunocompromised or at high risk of severe illness, the CDC also recommends wearing a well-fitting masks or respirator.

WHAT EMPLOYERS SHOULD DO Shawe Rosenthal attorney Ong warns employers to keep in mind that state and local jurisdictions may still impose restrictions beyond what the CDC is allowing, and it is critically important to check those mandates before taking any of the recommended actions.

In high level counties, where the workplace is also accessible to the public, she recommends that all employees—as well as vendors, clients, or other visitors—should be masked regardless of vaccination status.

In counties with low or medium levels or in non-public workspaces in high level areas, employees also don’t need to wear masks (except when recommended by their doctors). In medium level counties, for employees who are at high risk of severe illness who are in the workplace, employers may want to require masking and social distancing protocols in common areas.

When it comes to outdoor work, masks don’t appear to be required regardless of the county risk level or employees’ vaccination status, according to Ong. In addition, in workplace lunch or breakrooms in low and medium risk counties, employees may be allowed to eat together, regardless of vaccination status. Although eating and drinking is one of the identified exceptions to OSHA’s workplace masking guidance, employers in high risk counties may wish to either prohibit communal eating or to require social distancing during the shared mealtime, she says.

Employees also may be allowed to engage in business travel, both domestic and international. However, for those who are not fully vaccinated and have been in close contact with a COVID-positive individual, she suggests they should not travel for another five days following their recommended five-day quarantine period.

Domestic travelers do not need to be tested before or after travel, while international travelers must be tested within 24 hours before returning to the U.S. Both domestic and international travelers need not quarantine following travel.

“Be aware that there may be additional testing and quarantine requirements imposed by the travel destination or local/ state mandates,” Ong stresses. “In addition, employers should be thoughtful in responding to employee concerns about required travel—particularly for older employees or those with underlying health conditions, even if they have been fully vaccinated.”

If it has been more than two weeks since the employee was fully vaccinated or if they had a test-confirmed COVID infection within the past 90 days, they need not quarantine. A test is recommended for vaccinated employees at least five days following exposure (although those who have had a COVID infection need not test).

Unvaccinated or partially vaccinated individuals should quarantine for at least five days with testing recommended after five days. All regardless of vaccination status should monitor for symptoms and should wear a mask for 10 days following exposure.

Because the vaccine is not 100% effective, some vaccinated employees will contract the virus. If an employee develops symptoms following exposure, they should isolate according to CDC guidelines, seek a medical evaluation, and be tested.

Those testing positive should isolate. Employees with symptoms or who have tested positive may be able to work remotely or may need leave. Ong also notes that if sick or COVID leave is available or mandated by state or local law, they will be entitled to take it during the isolation period. Also be prepared to offer reasonable accommodation for those who have disabilities.

“Employers should realize that there may be resistance to stricter protocols from some employees, managers and visitors, and be prepared to address that,” Ong says. “Clear and specific communication about what the protocols are and why they are required is helpful. And an employer can usually discipline employees for failing to comply with stricter employer-mandated protocols.”

Digital Detoxes, Mental Health at Work and Reimagining Home 03.18.2022 | EHS Today by Nicole Stempak This week, we’re focusing on mental health and well-being and considering how COVID-19 has changed ourway of life.

We sense a buzzing of excitement in the air, which we know will soon be filled with the buzzing of bees pollinating flowers.

These are welcome thoughts, but we want to keep focused on the here and now.

We tend to spend more of our efforts reflecting on the past and anticipating the future. While that can be helpful, it can also rob us of enjoying the present—and the work we may need to do in the present to make a better tomorrow.

With that in mind, we’re taking a closer look at mental health and well-being. We can’t underemphasize the impact that COVID-19 has had on our lives. Even as cases subside and masks come off, we will be dealing with the long-term effects the pandemic has had on pretty much every facet of our daily lives. With that in mind, here are a few articles that have captured our attention.

MENTAL HEALTH IN THE WORKPLACE We saw this story being shared on LinkedIn this week, and it has stuck with us—so we’re sharing with all of you.

The piece shares the story of an employee who was already working through some major life changes and challenges.

Then COVID-19 hit. Fortunately, he had a great relationship with his manager, who reached out to see how he was doing.

To her credit, the manager is open with her own mental health needs and puts her therapy appointments on her Outlook calendar. These two are far from alone in their mental health struggles.

A study published in late 2021 in Harvard Business Review concluded: “Mental health challenges are now the norm among employees across all organizational levels.” Those findings are supported by other research that highlights a need for more discussion about mental health at work as well as resources from employers and employer-provided healthcare.

We want to remind you, and encourage you, that it can get better with the right support, be it therapy, medications or otherwise. It takes time and hard work, but it is possible. And frankly, it’s incredible when you can feel like your old self again. In fact, the new perspective and tools gained through that support can make you even stronger and better than before.

If you or someone you know needs help, please check out this extensive list of treatment resources from the Substance Abuse and Mental Health Services Administration here. The National Suicide Prevention Lifeline has trained crisis workers available to talk 24/7 at 1-800-273-TALK (8255).

Read more about this important topic and some behavior changes that could indicate a bigger problem here. ...continued on next page 7

PUT YOUR PHONE DOWN, AND SLOWLY WALK AWAY In the early days of COVID-19, we found ourselves glued to the TV and our phones, constantly searching for more news.

Those were scary times, but we eventually learned that our desire to be informed and then connected with others while safely in our bubbles was actually harming our mental health.

Recently, we have fallen back into these habits as we follow the developments on the Russia-Ukraine war. There is no shortage of heartbreaking images and news that was heretofore unfathomable.

It is important to stay informed and get that news from credible sources, as disinformation and misinformation campaigns abound. It is also important to protect our mental health.

One way to help yourself is to curb technology usage or media consumption through a digital detox. Detoxes can mean different things for different people, but a good place to start is by taking a step back and examining your relationship with technology. How do you feel? Are you seeing any changes in mood, sleep, relationships or eating habits? Then, set goals for yourself and focus on what behaviors need to shift in order to achieve those goals. You may find, as researchers have also, that sleep, relationships and mood improve as a result of less technology.

Learn more about the benefits of and how to get started here.

PANDEMIC-PROOFING THE HOUSE We’ve spent much of these past two years at home. During that time, we’ve adapted our homes to fit our needs, such as a makeshift office at the kitchen table or a home gym in whatever corner of a room you can spare. We’re making due; in the process, we’re reconsidering our spaces and what we value about them.

Many people have reorganized or rearranged their homes. Some have turned to home renovations, perhaps as a creative outlet to prevent going stir crazy or to help the space work better for them. Given the hot housing market, high cost of building materials and shortage of housing inventory, it’s not a bad way to go. These changes may have been spurred by COVID-19, but they seem more like long-time trends rather than short-term blips.

We were intrigued by this video story of how the pandemic has changed our ideas of home. We haven’t found many photogenic wall spaces in our home, so we were blown away by the Zoom room, which feels both necessary and frivolous.

We also loved the idea of an escape room because, after a while, the closet can get uncomfortable, not to mention claustrophobic.

But most of all, we were intrigued by how even our beloved HGTV shows, which vacillate between guilty pleasure and hate-watching, will be different in the future. In the meantime, we’ll continue working from the kitchen table and daydreaming of a home office.

Hearing Loss Prevention: What You Should Consider 02.14.2022 | EHS Today by Rick Pedley Make sure every employee is aware of the hazards of noise-induced hearing loss, so they can take steps to protect against them.

Loud noises in the workplace can lead to permanent hearing loss among workers. Banging, drilling, and other mechanical processes can produce loud noises that can damage a person’s eardrum. The types of sounds, noise intensity, and duration of exposure can all contribute to hearing loss. Symptoms may take years to develop, but even brief exposure to loud noises can have a major effect on a person’s life, limiting their ability to hear the world around them. Once noise-related hearing loss occurs, it is irreversible, so it’s crucial to protect your hearing when on the job and off (like when attending concerts, using loud tools and equipment at home, etc.).

The Occupational Safety and Health Administration (OSHA) has set clear rules regarding noise pollution in the workplace.

If these sounds pass a certain threshold, managers should implement what’s known as a hearing conservation program to protect staff from permanent hearing loss.

MEASURING SOUND Managers first need to understand how sound is measured in the workplace. Decibels (dB) are used to measure the intensity of sound. The higher the decibel, the louder the sound. For context, normal conversations occur at around 40 dB, while appliances like a hair dryer come in at around 70 dB. Meanwhile, a jetliner can be as loud as 140 dB. Prolonged exposure to sound above 85 dB and any exposure to sounds above 135 dB can cause permanent hearing damage. In addition to hearing loss, these noises can cause damage to the inner ear, which can lead to long-term ringing in the ears or tinnitus.

COMPLYING WITH OSHA GUIDELINES:WHEN TO IMPLEMENT A HEARING CONSERVATION PROGRAM According to current OSHA guidelines, employers must implement a hearing conservation program if noise exposure is at or above 85 decibels averaged over 8 working hours, or an 8-hour time-weighted average (TWA). This doesn’t mean exposing workers to 85 dB for 8 hours straight. OSHA wants employers to average sound exposure over the 8-hour day. For example, if a worker is exposed to 100 dB of sound on and off for around two hours in an otherwise quiet workplace, they will likely still need a hearing conservation program during their shift if the average comes out to 85 dB or more.

To add up the average, employers can add up the amount of time workers are exposed to different levels of noises. For example, a worker may be exposed to 50 dB for two hours, 70 dB for two hours, 90 dB for two hours and then another two hours of 50 dB. This comes out to an average of 65 dB over an 8-hour shift. ...continued on next page 9

According to OSHA, hearing conservation programs should “strive to prevent initial occupational hearing loss, preserve and protect remaining hearing, and equip workers with the knowledge and hearing protection devices necessary to safeguard themselves.”

These programs can take many forms as long as they all work toward the same goal, which is to prevent hearing loss.

Creating a hearing conservation program all depends on the workplace in question and the source of the noise. However, most programs include the following: • Workers should be aware of the risks of noise-induced hearing loss and other health risks that can occur due to noise exposure.

• If workers are potentially exposed to noise-induced hearing loss, they must be given a baseline audiogram within the first six months of work. Afterward, they should receive an annual audiogram performed by a certified audiologist, free of charge. They should then compare the results to those of the baseline audiogram to determine if noise exposure has caused hearing loss.

• Workers at risk of experiencing noise-induced hearing loss should be given various hearing protection options, including earplugs, earmuffs, and headphones for reducing ambient sound.

• Employers must hold a hearing protection training program every year to make sure workers who will be exposed to more than 8 hours of 85-decibel noise know how to protect themselves on the job.

• Records must be kept of employees’ varying noise exposure levels.

Hearing protection equipment comes in many different shapes and sizes. Managers should provide workers with a range of options, so they can choose the right, securely-fitted equipment for the task at hand.

For example, electricians will often wear dielectric headphones to protect them from electrical hazards. This equipment is often inserted underneath or on top of other personal protective equipment. Workers may need to use bands or inserts underneath their helmets. In other cases, these devices may be mounted on the helmet or neck.

Some teams will use earplugs when it’s too hot to wear earmuffs or to supplement their hearing protection equipment.

Plugs can be molded, custom molded, or unmolded. Some are corded, which may get in the way on the job. Some are disposable, while others are reusable. These devices should fit properly without making the worker uncomfortable. Managers should consider investing in custom-molded ear plugs for a better fit if their workers are continuously exposed to loud noises.

CREATING A HEARING CONSERVATION PROGRAM Managers can use the following steps to implement a safe and effective hearing conservation program in the workplace: 1.

Managers should first make a checklist of all the loud noises that occur in the workplace, including their respective decibel levels and how often they occur.

2.

Once the source of the noise has been identified, the manager should look for ways to reduce the noise level. This may include using a different piece of equipment, setting up a sound barrier, running equipment during different times of the day, or moving workers away from the source of the sound. Managers may also rotate their teams to limit their exposure to high noise levels. Preventing loud noises also means using materials and machinery with care. Workers should avoid slamming or dropping items that could put their colleagues’ hearing at risk.

3.

If the noise level can’t be adjusted, managers should install “High Noise Area” signs around the site to alert staff.

4.

They should also provide various types of hearing protection equipment to workers before they enter the high noise area.

5.

Crew members should regularly inspect this equipment for damage, including cracks, tears, or poor noise control, to make sure it will work as intended in the workplace.

6.

In addition to baseline testing, managers should continue monitoring and testing their workers’ hearing to make sure they aren’t losing their hearing over time.

Even if some workers appear to have their hearing intact, they may see a noticeable decline down the line since these symptoms may take years to develop.

Workers have a right to earn a living without worrying about losing their hearing. If managers don’t comply with the latest noise pollution guidelines, workers have a right to report their employer to OSHA. Workers may also receive compensation if their hearing is damaged in the workplace.

If managers aren’t sure whether sound levels merit a hearing conservation program or they don’t know how to implement such a program, they should consult with a workplace safety professional with a background in preventing hearing loss. This person can help managers identify potential hazards in the workplace while proposing a reasonable solution for limiting staff exposure to these sounds.

Preventing hearing loss is often a group effort. Everyone in the workplace should be aware of the hazards of noise-induced hearing loss, so they can take steps to protect against them. If employees have any questions about hearing protection, they should contact their employer directly for more information.

11

Regulatory Update: OSHA Hikes Penalty Amounts 03.04.2022 | EHS Today by David Sparkman Proposed legislation threatens much higher penalties.

In January, the Occupational Safety and Health Administration (OSHA) announced a 5% increase in the civil penalties assessed for violations of its regulations, but worse may yet come if certain legislative reforms are adopted by Congress.

As of Jan. 13, the maximum penalty for willful or repeated violations rose to $145,027, a nearly $10,000 increase from the 2021 maximum for the same violations. The maximum penalty for failure-to-abate violations increased to $14,502 for each day after the abatement deadline where no abatement has taken place. The maximum penalty allowed for serious, otherthan-serious, and posting requirements violations is now $14,502, nearly $1,000 more than last year.

States that operate their own Occupational Safety and Health plans are required by law to adopt maximum penalties levels that are at least as effective as federal OSHA’s penalties, observe attorneys Michael T. Taylor, Amelia Esber and Adam Roseman of the law firm of Greenberg Traurig.

“It is important for employers to be cognizant of these increases,” they stress. “While it might sometimes seem like an attractive option to simply accept a serious penalty and pay the $14,502 fine instead of paying to challenge the citation, such instant gratification could pose issues (and serious financial headaches) for an employer in the future.”

The attorneys add that this is particularly true when the timeframe for challenging a citation is short, making the business decision on whether to challenge the citation that much more difficult. “It is important to consider that while the maximum penalty for a repeated violation is $145,027, in the next few years, the maximum penalty could reach over $150,000 after inflation adjustments are applied.”

It is also routine for an employer to receive multiple violations in one OSHA Citation and Notification of Penalty. Multiple penalties at $145,027, let alone any other penalty after inflation, could have drastic effects for a business and a worksite, Taylor, Esber and Roseman remind employers. “Therefore, employers should consciously weigh the potential exposure the inflated rates may pose in the future when considering whether to challenge serious violations today.”

In addition, employers should keep a watchful eye on additional legislation to increase OSHA penalties that could be in the offing, according to attorneys Anna Little Morris and James Bolin of the law firm of Butler Snow.

They point to the Build Back Better (BBB) bill, which had been approved by the House of Representatives only to later be stymied in the Senate in late 2021. That measure’s nearly 2,500 pages included some staggering increases in OSHA penalties. For serious violations, the maximum penalty would have gone from $14,502 to $70,000. For willful and repeat violations, the penalty would have increased from $145,027 to $700,000.

The Democratic legislators who proposed these increases said they believe they are needed to provide penalties large enough to prove to be a real deterrent for employers who could be expected to commit these violations otherwise.

Although the massive BBB bill appears to be dead, President Joe Biden has said he intends to see parts of it reintroduced as separate pieces of legislation.

“Economic realities demand employer attention to this issue,” Morris and Bolin declare. They also agree with the Greenberg Traurig attorneys that even the 2022 OSHA penalty levels should spur employers to strongly consider challenging an OSHA citation regardless of its seriousness. “With repeat violation penalties now climbing to almost $150,000, it would be difficult for almost any company to financially sustain repeat offenses.”

The current amounts are only going to rise, legislation or no legislation. Morris and Bolin note that since 2015, OSHA maximum penalty amounts have more than doubled.

In the past seven years, serious, other-than-serious and posting requirement violations are up from $7,000 to $14,502 per violation. Violations for failure to abate (assessed per day) have seen the same increase. Willful or repeated violation maximum penalty amounts also jumped from $70,000 to $145,027 per violation.

Safety Done Right 02.28.2022 | EHS by Adrienne Selko Adapting established contingency plans for COVID-19 has

New control measures for HP Hood ranged from setting

helped some food manufacturers keep their employees safe.

up temperature stations to hiring on-site nurses to set up

WHAT WENT RIGHT?

break rooms as outside tents. “Tents were replaced with temporary trailers for the inclement weather months,”

It’s not a question most companies focus on. More emphasis

Crowley says. “Several of our facilities underwent expansions

is on what mishaps took place and how to correct them. But

to accommodate more of a long-term solution.”

sometimes, it’s just as important to study what went right and then replicate it.

Safety measures were also taken outside of the plant by the company’s drivers and engineering teams. Drivers

This is exactly the case for HP Hood, a 175-year-old company

quickly transitioned from paper and manual signatures

that manufactures dairy and other products across 13 plants

required by customers to contactless deliveries to enable

in the U.S. Faced with how to keep employees safe while

social distancing and limit contact with paperwork.

simultaneously keeping production going when COVID-19

Likewise, engineering and maintenance teams set up new

hit, the company has a history to lean on.

handwashing stations as well as break room facilities to allow

“Our past activities were very helpful in being able to

for social distancing.

respond to the pandemic,” explains Dave Crowley, senior

“Everyone adapted well to these changes,” says Crowley,

EHS leader at HP Hood. “Prior to this pandemic, we had a

who has been with the company for 22 years. “Working

business continuity plan that identified different types of crises

in the food industry, we are expected to have standard

that can occur. We had that pandemic continuity plan in

operating procedures focused on food safety. We brought

2008 when H1N1 virus hit, but looking in the rearview mirror, it

human safety to the same level as food.

was mild compared to the pandemic.”

“Employees respected that and actively participated

However, Crowley said he, like other EHS professionals,

in whatever measures were added. There was never an

was up to the task. “It’s fair to say that COVID-19 changed

objection to these measures or a reluctance on the

the job description for EHS professionals. We launched

part of employees.”

into action and responded to the call of duty. Every day was spent deciding how to combat the virus and control whatever measures we could.”

The key to success—there were no COVID-19 fatalities or production shutdowns—relied on the company’s culture when it came to employee safety. “As a company, when ...continued on next page 13

the pandemic hit our first thought was: How can we protect

men and women on the frontlines of our food supply chain

our employees? Our approach was to use the theme ‘When

deserve safe workplaces.”

we protect our employees, we also protect their family members,’” Crowley says.

New safety measures in this bill include creating a U.S. Department of Labor standard that would provide

This theme was helpful when communicating with the

information on hazard identification and control, employee

company’s 3,400 employees. “We didn’t want to limit our

training on occupational risk factors, and measures to

messaging to workplace safety. We wanted to promote the

prevent delays of medical treatment referrals following

benefits of safety at home as well. We’ve used this theme

a workplace injury or illness. Among other provisions, the

repeatedly over the past 20-plus months, driving home the

bill would also expand safety inspections and create new

core value of safety and emphasizing the impact [of] a

pandemic safety reporting.

strong workplace safety culture with our employees’ family members.”

NOT EVERYONE FARED SO WELL Unfortunately, the food manufacturing industry, which employs around 3.4 million people, has had a very tough time containing COVID-19 among workers. This was especially true for the meatpacking industry, which had 269 deaths and 59,000 cases due to COVID-19, as revealed by the U.S. House Select Committee on the Coronavirus Crisis, which examined internal documents from the five largest meatpacking companies.

The report concluded that more could have been done to protect workers and that some companies were slow to take protective steps, including distributing personal protective equipment, installing barriers and conducting temperature screenings. In addition to the health toll on employees, production in the industry fell to 60% of normal in the spring of 2020, as facilities were closed due to worker shortages, safety upgrades and deep cleaning.

In addition to developing new procedures, a different approach might be needed as well. In a July 15, 2021, article in the Journal of Food Production entitled “Food Safety and Employee Health Implications of COVID-19: A Review,” the authors concluded that “a risk-based methodology, founded on scientific knowledge, is critical to effectively control emerging hazards such as COVID-19 and reduce the business risk. The COVID-19 pandemic may have increased our appreciation for the importance of balancing benefits and risks (including economic and business risks) in risk management strategies that address public health issues and could accelerate efforts to implement risk-based food safety approaches rather than a ‘zero risk’ approach.”

Crowley agrees that continuity planning is key to remaining vigilant and maintaining preparedness. “Using concepts such as After Action Reviews (AARs) has proven to be a valuable technique for us,” he says. “The AAR process is an organized method to review tasks and helps us identify strengths and deficiencies in task execution. AAR’s are used as a means to reflect on how a task or assignment is done,

The Occupational Safety and Health Administration has

either while in the midst of being done or once the task has

stepped in to help. In August 2020, the agency issued a

been completed. It’s a great tool that enables organizations

comprehensive 16-page checklist specifically for food

to continuously learn from successes and failures. The AAR

manufacturers as they “continue, resume or reevaluated

process is a simple but powerful tool on how we can work

operations due to the coronavirus pandemic.”

better.” Crowley advises companies to use this format to

Moreover, the union representing food manufacturing

develop a playbook on how to handle COVID-19 both now

workers, The United Food and Commercial Workers

and into the future.

International Union (UFCW), is calling upon the government

He is optimistic that safety concerns have moved up the

to further increase safety standards as COVID-19 continues

importance of all companies’ objectives. “Due to the

to affect the health of workers. On Nov. 22, 2021, the union

pandemic, the safety function has had more access to the

declared its support for Protecting America’s Meatpacking

C-suite and has strengthened the interactions between

Workers Act, which was introduced to Congress on Nov. 30,

those two functions,” Crowley says. “The daily interaction

2021, and has since been assigned to committees for review.

between myself and leadership was necessary to protect

“America’s meatpacking and food processing workers have

our workforce. While daily communication is no longer

put their health on the line every day of this pandemic to ensure our families can put food on the table,” said UFCW President Marc Perrone in a statement. “These hardworking

necessary, it has created a much closer alignment between HR and the C-suite.”

Survey Reveals Digital Transformation Is Top Priority In Construction Industry 03.11.2022 | ISHN (Industrial Safety & Hygiene News) Research conducted by National Association of Women

Participants included 600 women throughout the United

in Construction and Safe Site Check In offers insight into

States working in the construction industry at companies

popular digital technologies and impact of the labor

with revenues between $500,000 to over $1B annually.

shortage and supply chain disruptions.

Participants were asked a variety of questions about digital transformation, the construction labor shortage, and the impact of supply chain disruptions.

Among the key findings, digital transformation is a priority at 71% of construction companies. When asked about the benefits of digital transformation, 77% of respondents believe it will make their jobs easier while 17% believe it will have no impact. Only 5% believe their jobs will be harder while 1% believe digital transformation will eliminate their jobs.

“Digital transformation is gaining significant momentum in the construction industry. Along with making work easier without compromising the quality of the finished product, it also opens up more opportunities for women,” said Crissy Ingram, executive director, NAWIC. “The survey shows the

In celebration of Women in Construction Week, the National Association of Women in Construction (NAWIC) and Safe Site Check In today announced the results of

importance of digital technology and, ideally, it’s potential to address some of the issues driven by the construction labor shortage.”

the “Digital Technology in Construction: 2022” survey. ...continued on next page 15

When it comes to the impact of new technologies

electricians, engineers, estimators, HVAC technicians,

designed for the construction industry, 95% report being

inspectors, interior design, HR, pipefitters, plumbers, project

more productive. In terms of learning new technology

managers, roofers, safety officers, sales, schedulers, welders, and more.

at work, 70% of survey respondents are excited, 24% are

The majority of survey participants, 53%, have been working

indifferent, and 6% are frustrated.

in construction for 16 or more years. This was followed

When survey participants were asked which of the

by 20% of participants having five years of less work

latest construction technologies are most helpful, 72%

experience. Those with 6-10 years of experience made up

said smartphone apps for managing projects and the

17% of survey respondents while workers with 11-15 years of

workforce. This was followed by GPS Layout at 13%, and

experience represented the remaining 10% of participants.

drones and robots at 9%. Other technologies cited include

Of the participants 52% work in the office, 44% work on

augmented reality and wearables, each at 3%.

jobsites and the office, and 4% work solely on jobsites.

In light of the construction labor shortage, it’s important to

ABOUT NAWIC

note that among the survey participants, 52% work in the

With more than 115 chapters across the country, the

office, where they are less likely to feel the impact of the jobsite workforce deficits. Another 44% work on jobsites and the office, and 4% work solely on jobsites. In response to the question, “In what ways does the construction labor shortage impact your job?” respondents shared: • Projects take longer: 53% • It doesn’t impact my job: 26% • Days are longer: 19% • More accidents: 2%

National Association of Women in Construction (NAWIC) offers its members education, support and networking to help advance their careers in construction, build their technical skills, and become leaders.

All women working in construction are eligible for membership, including women builders in the trades, project management, marketing, administration, and executive leadership. Women in related industries who work on construction related business, such as finance, legal, and other complementary industries, are welcome as well.

When it comes to pandemic-related supply chain

Our members include some of the most accomplished

issues impacting the ability to consistently work, survey

women in our profession, many of whom credit NAWIC

respondents were almost evenly split. A full 51% report

with helping them advance their careers and grow as

supply chain issues affected their ability to consistently work

individuals and as leaders.

while 49% say it did not have an impact.

“For a long time, the construction industry has been ripe for disruption. A disruption driven by the need for streamlined, digital approaches to replace outdated processes and protocols that cut into productivity and project profitability,” said David Ward, CEO, Safe Site Check In. “Our partnership with NAWIC on this year’s survey underscores what we’ve been hearing for years – digital transformation is a business imperative for the construction industry on the job site and in the office.”

SURVEY PARTICIPANTS In celebration of National Women In Construction Week being held March 6-12, 2022 the survey was conducted in February 2022 and 600 NAWIC members participated.

Survey participants represent all areas of the construction industry across private and public sectors. Job titles and roles include: C-Suite executives (CEO, COO, CFO), vice presidents, business owners, attorneys, accounting, administration, appraisers, architects, draftsman,

ABOUT SAFE SITE CHECK IN Safe Site Check In supports construction’s digital transformation by providing a customizable and private QR-coded digital check in and screening app and jobsite management platform. It is used in construction, manufacturing, assisted living homes, and event venues including convention centers to manage workers, subcontractors and visitors. With setup in under three minutes, project managers always know who is or was onsite and can easily delegate assignments, onboard employees, upload site images, and support compliance with local and state mandates. As a standalone platform or integrated into a project management solution, Safe Site Check In data, analytics and reports provide insight on project profitability and productivity to positively impact a company’s bottom line.

Workers Need Better Respiratory Protection 02.17.2022 | EHS Today National Academies of Sciences, Engineering, and

and authoritative source of information on respiratory

Medicine wants to revise the OHSA Health and Safety

hazards and how to protect themselves from current and

Act of 1970 to give it the authority to ensure respiratory

future airborne threats, says the report.

protection for workplace.

“The COVID-19 pandemic, the threats of wildfire smoke,

Due to recent events, such as COVID-19 as well as more

and mold growth from flooding have made us well

frequent wildfires, the National Academies of Sciences,

aware of the dangers in the air we breathe both indoors

Engineering, and Medicine recommends two frameworks

and outdoors — and the possible harms to health,” said

for providing respiratory protection for the nation — one for

Jonathan Samet, dean of the Colorado School of Public

workers and one for the public.

Health and chair of the committee that wrote the report, in

A new report,” Frameworks for Protecting Workers and

a statement. “Many workers and the American public have

the Public from Inhalation Hazards”, notes that all types of workers, including essential and gig economy workers, should be covered by OSHA or equivalent respiratory protection requirements when exposed to inhalation

been asking, ‘When do I need a mask or respirator?’ ‘Which should I use?’ and ‘How do I get it?’ Having systems in place to continuously assess inhalation hazards, identify the right respiratory protective devices, and guide workers and

hazards in the workplace.

the public on how to use them can prevent illness and save lives.”

Although the need for such frameworks was heightened

The report recommends the U.S. Department of Labor be

during the COVID-19 pandemic and highlighted gaps in respiratory protection in workplaces with high airborne exposure risks, such as meatpacking, grocery stores, and restaurants All workers need to be able to turn to a clear

designated as the coordinating and responsible entity to oversee the framework for respiratory protection for workers. And says that Congress needs to revise the Occupational Health and Safety Act of 1970 to give OSHA ...continued on next page 17

the authority to ensure respiratory protection for workplaces that are currently outside its jurisdiction. Pending revisions to the 1970 legislation, OSHA should adopt the broadest permissible interpretation of “employees” and “employers” to expand coverage of its respiratory protection requirements. The categories of workers who could be covered under expanded definitions include gig economy workers, unpaid volunteers, domestic workers in residential settings, and some independent contractors.

IMPROVING COMMUNICATION,EDUCATION, AND TRAINING Many employers may be unfamiliar with respiratory protection programs, the report says. OSHA and NIOSH should support the development of tailored guidance and training for employers and workers. OSHA should also work with labor organizations and other groups to develop tailored materials and to reach workers across different sectors.

a robust supply chain for respiratory protective devices,

EXPANDING RESEARCH AND SURVEILLANCE PROGRAMS

improve public health communication, and advance

Efforts to meet the respiratory protection needs of

In addition, the report makes recommendations to ensure

research on the evolving respiratory protection needs of workers.

workers and the public must be built on a strong

ADDRESSING SUPPLY CHAIN CHALLENGES

scientific foundation. NIOSH should expand research and

The COVID-19 pandemic exposed severe limitations in

needs of all workers, including those living with disabilities

the supply chain related to respiratory protective devices.

OSHA and National Institute for Occupational Safety and Health (NIOSH) should evaluate and predict the potential scope of respiratory protection needs for workers to inform stockpiling and distribution guidelines. To prevent shortages during future emergencies, OSHA should recommend appropriate quantities and types of respirators to employers.

surveillance programs to better understand and meet the or chronic conditions. It should also prioritize research on the effectiveness of different types of respiratory protection program models. Such expanded research and surveillance activities may justify additional appropriations from Congress, the report says. Research on innovative respirator design to meet the needs of workers may also inform the development of devices intended for public use.

18

Working Alone In Dangerous Weather Conditions 03.10.2022 | ISHN (Industrial Safety & Hygiene News) For those many people who work alone outdoors during the

then explore strategies to mitigate or eliminate the hazards

winter months, the conditions in which they perform their

which can include:

various tasks are obviously more dangerous with increased

• Require daily or twice-daily inspections of walkways and

risk of certain, potentially deadly safety hazards in the workplace.

But did you know that those who work indoors by themselves also face increased safety risks and hazards

work areas for obstructions and slippery surfaces.

• Place warning signs and floor safety signs.

during the cold season? While not as dire as their outdoor

• Resurface slippery surfaces with anti-slip coatings.

counterparts, lone workers performing their tasks and jobs

• Salt and shovel icy or snowy walkways.

indoors must also be protected from the unique safety

• Provide employees with high-grip footwear.

hazards that arrive with winter.

SLIPS, TRIPS AND FALLS One of those winter safety hazards is the risk of slips, trips and fall, which can increase during the cold, wet months.

Dangerous working conditions from ice, sleet and snow, were, according to the US Bureau of Labor Statistics, the cause of more than 20,000 occupational injuries in 2017. The National Safety Council says slips, trips and falls are the one of the most dangerous safety hazards in the workplace with only exposure to harmful substances or environments and overexertion and bodily reaction listed as more dangerous and prevalent.

What’s important to note is that while more prevalent with those working outdoors in the elements, slips, trips and falls are a concern for everyone in the winter, including those working indoors and especially employees who are

• Provide a fall detection and no motion device.

• Low light and visibility Continuing in the same vein as slips, trips, and falls, a major cause of these incidents is low light and visibility during a season when daylight is shorter, and there are various levels of snow, rain, and fog that reduce visibility even further, resulting in more injuries. In addition to the strategies mentioned above, employers must look specifically at strategic lighting to combat harmful – and sometimes fatal – falls and stumbles.

This can be identified and determined through your hazard assessments, identifying all walkways and work areas where the lighting can be improved or provided. Additionally, employers should consider on-person light options such as wearable lanterns, headlamps and/or even the humble flashlight.

working alone. To identify locations where slips and falls

CARDIAC ARREST

are an occupational safety hazard, conduct at least one

Unlike slips and falls during the winter, the risk of cardiac

hazard assessment of the area or areas where work is performed. Once identified, employers and managers can

arrest in the workplace is not as widely known or regarded.

According to the OSHA, of the 220,000 cardiac arrest victims every year, roughly 10,000 of those cases occur ...continued on next page 19

in the workplace. To help save these people, they recommend having an automated external defibrillator (AED) available which they say can significantly increase chances of survival. Additionally, employers can make a number work culture and internal program changes to

• Monitor team members for signs of stress (a stressed body and mind has a weaker immune system).

• Provide optional or mandatory face masks – depending on safety protocols.

reduce the risk of occupational cardiac arrest, which can

MENTAL HEALTH

range from flexible work and vacation time to healthy work

On the other side of the team’s physical health is, of course,

snacks and lunches.

their mental health which can be impacted by the shorter

In the stressful and frightening instance of a heart attack or

days and darker weather – this is sometimes called seasonal

cardiac arrest, coworkers need to be trained and confident

affective disorder or SAD. The winter can be especially

in following the approved protocol of CPR and properly

challenging for people working alone, employees who are

employing an AED. In two revealing surveys, the American

negatively affected by a lack of (or decrease in) social and

Heart Association found that overall, American workers are

professional interaction and engagement. Other factors

unable to get CPR and AED training, and it is often one or

impacting the mental health of workers can also include

the other instead of both which is important.

lack of involvement in decision making, unreasonable

Additionally, the US government’s national Ready public service campaign says you can “reduce the risk of a heart

workloads, unclear or unrealistic expectations, and an isolated work environment.

attack by avoiding overexertion when shoveling snow and

Like physical health benefits and coverage, employers must

walking in the snow.” In many of these cases, the worker

provide their team with mental health coverage for therapy

may be alone and they could collapse with a stopped

and other valuable services and resources. Such benefits

heart, requiring help immediately. In these emergencies,

may even cover devices like lights and lamps used to

employees could benefit from the fall detection device

treat SAD and depression. For lone workers feeling socially

mentioned earlier, or a lone worker monitoring system

isolated, employers must provide regular opportunities for

that will send an alert if the employee has not checked in,

connection, whether it’s online or in person. Additionally,

confirming their safety.

employers can also:

SEASONAL VIRUSES AND ILLNESS

• Create opportunities for staff activities that benefit

A recent, unfortunate reality – regardless of where you live or what industry you work in – is the constant threat of an invisible virus or looming pandemic. The 2020 – 21 flu season saw more than 72,000 people die from either Covid, the flu or pneumonia. (As of February 28, more than 55,000 Americans have died of those illnesses this year.) But there are thousands and thousands more workers who must

physical and mental health, i.e., a work running club).

• Provide extended health benefits that cover other physical activity expenses such as exercise clothing or shoes.

• Regularly check in with employees to see how they’re doing and how they can be helped.

EMBRACE THE CHILLY CIRCUMSTANCES

take valuable time off to recuperate from these ailments,

During winter, employers need to be more vigilant as their

some of which are more common in the winter such as the

team members and lone workers are more vulnerable

aforementioned flu, colds, and Covid, as well as strep throat,

to the occupational safety hazards and risk mentioned

croup, as well as respiratory infection.

above. Thankfully, however, you and your employees are

While it’s impossible for employers to completely protect their staff from viral infections, they can take a number of steps to reduce the incidence of viruses in the workplace.

These include: • Provide ample hand sanitization stations.

• Clean and upgrade the office/workplace ventilation system.

• Place signs reminding staff to wash and/or sanitize their hands.

• Provide employees with enough sick time and health benefits for recovery.

not powerless against them. Just assessing what your team is facing will help you take the next step of developing strategies to protect them further. Quite simple, just be aware of what workers are facing and protect them to the best of your ability in these inevitable circumstances – and maybe even enjoy it and do a snow angel once in a while.