Safety Net | August 2019

The Safety Net L O C AT I O N C O N S U LT I N G

DESIGN & ENGINEERING

DESIGN-BUILD

IT’S ALWAYS SAFETY FIRST. CONSTRUCTION & CONTRACTING

AUGUST 2019

VOLUME 13 ISSUE 8

What Is The Anti-Road Rage Act? https://www.alabamanews.net/2019/06/13/what-is-the-anti-road-rage-act/ | 06.13.19

How many times have you seen a car lingering in the left lane for more than a mile? Chief deputy Kevin Murphy, with the Montgomery County Sheriff’s Office says habits like that can be dangerous. “It starts to back traffic up, traffic gets congested, and it could be the likelihood of a rear-end collision,” said Murphy.

But new legislation – once signed by Governor Kay Ivey could help alleviate pain at the wheel. If signed into law, drivers will be fined for violating the anti-road rage act, which prohibits people from driving slow in the left lane more than a mile and a half without passing another car.

“I’ll see it quite often where there will be a car in the left lane, and they will be driving 20 miles under the speed limit. I’ve witnessed it. I’m sure you have too; it makes drivers very angry – traffic starts to back up, they can’t get around,” said Murphy.

Murphy says officers would have to use discretion. “The police officer, the deputy would have to clearly demonstrate what they saw. A mile and a half is a pretty long distance, but when you’re traveling down the interstate it doesn’t take that long to cover that,” said Murphy.

SAFETY FIRST.

Murphy says it does not take that long for a crash to happen, either. “People get almost

Austin employees have

belligerent behind the wheel of a motor vehicle. Which can be just as deadly as a pistol,”

worked 2,912,511 hours

said Murphy.

Representative Phillip Pettus sponsored the bill. He is a retired state trooper.

without a Lost Time Accident through 6/2019.

4 Things Most Texans Don’t Know About Distracted Driving Distracted Driver Accident.com | 07.18.19 | Jack Monroe

Nearly everyone in the United States is aware that texting and operating a phone while driving is a major risk. Distracted driving has led to OVER 3,166 DEADLY ACCIDENTS in 2017 according to NHTSA. In the state of Texas, distracted drivers were responsible for over 95,000 CAR ACCIDENTS in 2018.

Currently, distracted driving has been responsible for countless auto accidents and accidents that ended in fatalities. Yet, there are many people who may not understand what counts as a driving distraction or what is considered illegal “activity” when operating a motor vehicle.

With regard to new distracted driving laws, people ask many questions about what is considered a distraction. These questions include:

1. Is eating and driving illegal?

2. Is my GPS a distraction?

3. Is it ok to use a phone when at a red light?

4. How can you prove distracted driving?

Here are the answers to what most people ask about distracted driving.

2

1.

IS EATING AND DRIVING ILLEGAL?

Eating and driving is distracted driving, and it’s the most common distraction and safety risk most drivers commit.

But, is it illegal?

In the state of Texas, it is. In fact, it could land you a ticket.

In most other states, if a highway patrolman saw you eating or drinking a beverage while driving, he would have no reason to pull you over. But in Texas, it’s against the law.

Still, this does not mean it’s ok to do if it’s not illegal in other states. It’s usually what follows this action that gets drivers pulled over or causes accidents. A distraction can increase

3.

IS IT DANGEROUS TO USE YOUR PHONE AT A RED LIGHT?

We all understand how dangerous it is to text and drive.

But many drivers question if it’s ok to send a text or look at your phone when stopped at a red light. If the car isn’t in motion, how much of a danger can that be?

In Texas, the recent texting and driving ban resulted in drivers receiving a traffic violation ticket if they are caught texting at a stoplight. The danger of texting at a stoplight comes from the same types of mental and physical distractions when a car is in motion.

the likelihood for a driver to commit a traffic violation or put

Drivers can potentially risk holding up other cars or

other drivers’ lives in danger.

accidentally mistaking the gas for the brake. You also risk

If you break it down, eating requires some attention and manual work. Eating behind the wheel hits the mark for all 3 ability impairments for drivers: • Visual Distraction: Anything that makes you take your eyes of the road.

• Manual Distraction: Wheel in one hand and food/drink in the other.

• Cognitive Distraction: Any other task, even if it is as menial as eating, can impair cognitive abilities to

2. some extent.

IS A CAR GPS OR NAVIGATION A DISTRACTION?

These days, handsfree NAVS and audible GPS systems make it better to drive and get directions. But are they still

being aware of your environment. What if you were looking down at your phone and another vehicle that lost control starts coming at you?

4.

The only safe and legal time a driver can operate a phone is when the vehicle is legally parked or completely shut off.

HOW CAN PEOPLE PROVE DISTRACTED DRIVING?

If you were involved in an accident caused by a distraction here’s a way law enforcement or prosecutors could prove distracted driving.

If a driver was suspected of causing an accident by texting and driving, the cell phone records can be used as evidence to prove that a driver was texting at the time the accident occurred.

a distraction? Referring back to the previous answer, they

But, without a court order, the cellphone company

can be.

cannot legally release the data or texting records. A car

It all depends on the device. There are still many devices

accident attorney or prosecutor would be capable of

that require cognitive and visual attention. Unless they are

retrieving these records to use as proof if the accident

handsfree, they can also count as a manual distraction.

were to go to court.

3

Recent Heat Wave Spurs OSHA to Warn of Dangers of Heat Illness on the Job Construction Junkie | 08.22.19 | Shane Hedmond

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Many areas throughout the country saw their hottest temperatures of the year over the weekend. In response to the forecasts, OSHA issued a reminder to employers about the dangers of heat illness.

OSHA has led a campaign for heat illness prevention since 2011 and has a very simple message:

Water. Rest. Shade.

They suggest taking frequent water breaks, about every 15 minutes, in extreme heat situations. Employers should develop an emergency plan, train workers on heat exposure hazards, and allow workers to build a tolerance to working in the heat. Those who are new to working in the heat are more susceptible to being affected by heat illness.

Last year, OSHA and NIOSH launched a smartphone application called the OSHA NIOSH Heat Safety Tool. Not only does it provide an hourly forecast of heat index, it determines whether your area is at minimal, low, moderate, high or extreme risk, and offers suggestions for precautions to take and tips for first aid. The app is free and can be downloaded for both Android and Apple devices.

There are some great free toolbox talk documents available, including an OSHA Quick Card on Heat Stress and CPWR Toolbox Talk on Hot Environments. Both are available in both English and Spanish.

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How To Reduce the Risk of Vandals Graffiti Tagging Your Construction Site Construction Junkie | 07.18.19 | Shane Hedmond

Patrick Barthet is founder and principal of The Barthet Firm,

hand style in graffiti culture. Hand styles are unique to each

a 12-lawyer construction practice that has been serving

tagger. Using a large marker or more likely an aerosol spray

South Florida’s construction industry for over 25 years.

paint, something easy to carry and maneuver, the tagger

Publisher of the award winning blog, thelienzone.com, he

works quietly, generally in the shadows, but hoping to make

provides weekly advice to construction professionals. Also

a big splash.

instructive is thelienzonepodcast.com, regularly presented by fellow principal, Alex Barthet.

Some 12 billion dollars are spent annually in the United States alone to clean up graffiti. Moreover, in most every

We’re all familiar with graffiti. There’s been plenty of it

state, marking public or private property without permission

around for a long time. Those of us who live in Miami have

is considered a criminal act. The placement of graffiti

even seen it develop into an art form. Wynwood Walls has

in Florida is an act of criminal mischief and considered

been transformed into an international tourist attraction,

vandalism. Depending on the extent of the damage, it can

exhibiting spectacular and visually stunning outdoor murals

be classified a misdemeanor or felony, punishable by a fine,

by a variety of aspiring artists.

community service and even jail time.

Of all the forms of graffiti, tagging may be the most popular

The surge in construction activity in South Florida has

– spray painting one’s name, initials or symbols on someone

increased the likelihood that taggers keen on making their

else’s property, often times a building, a highway sign, or

mark will visit your job site. Any place with the potential for

even a piece of construction equipment – any place where

a visual impression becomes their canvas. Sometimes it is a

it can be readily seen by as many folks as possible.

newly constructed bock wall or that bright yellow backhoe

Tagging is usually the distinctive, albeit illegal, depiction of

parked on-site.

the artist’s name, a personalized signature referred to as

...continued on next page

5

How To Reduce the Risk...(continued)

Five OSHA Regulation Changes That Could Impact Your Facility This Year

So, how do you minimize the potential for

OH&S Occupational Health And Safety | 06.25.19 | Karen Dziekan

tagging at your construction project?

1. Secure your site with adequate chain link fencing, strong locks and “No Trespassing” signage in all the right places.

OSHA’s $5 million budget increase could suggest an increase in regulatory actions, inspections and citations, as the organization has regulatory changes in store for the year ahead.

2. Light up your site with motion-activated outdoor LED security floods and spots.

3. Monitor your site 24/7, with both security guards and surveillance cameras, and restrict access to only authorized personnel.

4. Clean up your site, get rid of debris, and remove any prior tagging or graffiti, thus reducing the likelihood of repeat offenses.

Whether your project is large or small, your equipment new or old, tagging is something you want to discourage if not eliminate. It devalues your project, emboldens vandals, and costs you time and money to clean up.

The Occupational Safety and Health Administration’s (OSHA) fiscal year 2019 budget, according to Industrial Safety and Hygiene News, increased by $5 million over 2018 to reach a $557.8 million total. This increase could suggest an increase in regulatory actions, inspections and citations, as the organization has regulatory changes in store for the year ahead. While these safety regulation updates and additions are spread across several industries, here are five that workers and facilities should be prepared for.

IEEE 1584-2018 Published just before December of last year, this Institute of Electrical and Electronics Engineers guide for performing arc flash hazard calculations was significantly updated from IEEE 1584-2002.

Related to the method for calculating the arc flash hazard distance and the incident energy to which employees could be exposed during work on or near electrical

6

employers cited for safety violations. The annual penalty increases are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (ACT) and apply to Federal OSHA states. Information on the change can be found here.

Random Inspection Late last year, OSHA announced it would implement its Site-Specific Targeting 2016 Inspection Plan, which applies to non-construction workplaces with more than 20 employees. Employers who failed to provide 2016 Form 300A data to OSHA will be selected at random and added to an inspection list combined with employers who reported high rates of days away, restricted, or transfer in 2016. OSHA will include a random sample of employers with low rates to the list. The collected data will be used to create inspection lists.

Drone Inspection Midway through 2018, OSHA began gradually implementing a new policy of workplace inspections utilizing drones. The organization issued a memo authorizing compliance officers to inspect areas that are inaccessible or pose a safety risk, with 2019 being the first full year of this practice being implemented. Compliance officers must obtain consent from an employer and notice must be provided to employees before the drone is launched.

Tracking of Workplace Injuries and Illnesses equipment, designers and facility operators in facilities where live work is performed on electrical equipment need to become especially familiar with this change. With arc flash hazard calculations being implemented in most plants because of OSHA regulations, this new model accurately accounts for a wide variety of setup parameters.

For workplaces with 250 or more employees, OSHA now only requires an electronic submission of OSHA Form 300A. Facilities should continue to record workplace injuries and illnesses and follow reporting requirements, but OSHA amended its record-keeping regulation to remove the requirement to electronically submit information from OSHA Form 300 (log of work-related injuries and illnesses) and

Employers should be sure to confirm that an arc flash

OSHA Form 301 (injury and illness incident report). However,

risk assessment has been done within the last five years.

the requirement to keep and maintain OSHA Forms 300,

Calculations are most often listed on arc flash and

300A and 301 for five years is not changed.

equipment labels and are used as part of an arc flash risk assessment. Updates to labels to reflect new calculation requirements may be necessary depending on the results of the arc flash assessment.

Keeping up with regulations and requirements is key to avoiding shutdowns and lost business costs. By implementing policies, holding staff accountable, and staying abreast of safety regulations you can positively

Increased Fines

contribute to your business’ bottom line.

To adjust for inflation, and as required by the Federal Civil

For more tips on how to optimize safety practices in

Penalties Inflation Adjustment Act Improvements Act of 2015, OSHA has increased the maximum civil penalties on

your facility, read our white paper Six Keys to Managing Workplace Electrical Safety.

7

Safety With Saws: Powerful Tools Require Caution To Operate Concrete Construction | 07.19.19 | Bill Palmer Have you ever had to cut concrete without a saw? Perhaps in the old days there were craftsmen who could use a chisel and hammer and get a decent finished surface, but today most of us would leave a jagged mess. That’s why a cutoff saw is an essential tool for every concrete contractor.

Today, you have lots of choices in saws: early entry saws for cutting flat-work, wall saws or wire saws for big cuts, handheld cutoff saws, and chainsaws. Saws come with electric motors (even cordless options), gas engines, or are powered by hydraulics or pneumatics. There are the typical cutoff saws with a disc blade, ring saws and chain saws, abrasive blades or diamond. All of these, by their very nature, are dangerous tools if not used properly—anything meant to cut concrete will cut through flesh without even slowing down. Safety, therefore, is one of the most important issues you need to consider before picking up a saw.

Safety Issues What may seem obvious to one person may be less so to another, so never take it for granted that anyone operating a saw will understand safe procedures. Every saw comes with a whole list of general power tool safety rules that must be followed, from making sure electrical tools are unplugged before changing blades to simply using the tool for its intended application instead of something else.

Blade Application Codes The blade code has three letters: X-X-X • First position: indicates wet use only (W), or wet or dry use

The blade on a saw is one of the most dangerous parts, although it's also the most essential because it does all the work. Proper procedures must be followed to ensure operator safety.

(D).

• Second position: indicates the application, such as cured concrete (C), green concrete (G), or block/brick (B).

• Third position: indicates the saw type, such as handheld saw (H), wall saw (W), or stationary saw (S).

For saws, the most critical issues include making sure guards are well-maintained and properly positioned, blades are straight and tight, and the right blade is being used. For dry cutting concrete or masonry, silica dust becomes a paramount concern.

Cutting concrete with an abrasive blade or a diamond blade generates dust, some of it silica dust that is fine enough it can be drawn deeply into the lungs. Breathing in fine crystalline silica can lead to silicosis—an incurable lung disease that results in lung fibrosis. The National Institute for Occupational Safety and Health (NIOSH) estimates that nearly 300 construction workers die annually from silicosis.

Workers who spend years in an environment where there is free silica dust in the air are more likely to end up with silicosis unless something is done to prevent them from breathing it. That’s why OSHA has established a Permissible Exposure Limit (PEL) for airborne crystalline silica.

The PEL defines how much silica a worker can be exposed to during a given shift. OSHA has a rather complicated formula

8

for determining the PEL in units of million parts per cubic foot of air—a simpler limit is recommended by NIOSH of 0.05 mg/m3. There has been a move in California to reduce the PEL from its current 0.10 to 0.01 mg/m3. In practice, if you can see the dust in the air, then it’s probably too much to be breathing.

What that means to a saw operator is that measures must be taken to prevent silica from becoming airborne, workers must be kept out of dusty areas, or workers must use respirators. Preventing silica dust from getting into the air is accomplished by what are called “engineering controls,” such as using wet saws or vacuum systems.

“The vacuum systems around right now are difficult to work with,” said Becky Gallert, Wacker’s product manager for demolition products. “The main reason people use a cutoff saw is because it’s easy to use and versatile, so to drag around a vacuum hose defeats the purpose.” Water creates similar problems, especially indoors. We’ll cover respirators in more detail later.

Blades The blade on a saw is obviously one of the most dangerous parts, although it’s also the most essential because it does all the work. Diamond blades almost always are used for concrete cutting today, since the price has come down and because they cut so much better than abrasive blades. For detailed information on diamond blade safety, the Masonry & Concrete Saw Manufacturers Institute (SMI, a bureau of the Association The most critical issues include making sure saw guards are well maintained and properly positioned, blades are straight and tight, and that the right blade is being used.

of Equipment Manufacturers) has developed an excellent brochure located at www.aem.org/CBC/ProdSpec/SMI/Pubs.asp.

The most important place to start when looking into blades is to check that you are using the right blade for the application. SMI and the Concrete Sawing & Drilling Association (CSDA) have developed a blade application code that most diamond blade manufacturers will follow. Blades also will be marked with a maximum RPM and a direction of rotation—make sure the saw doesn’t exceed that blade speed and that

the blade is turning in the intended direction. Always make sure a wet blade (W) is used with cooling water; dry blades (D) can be used with or without water, although trying to use water on a saw intended to be dry can lead to electrocution with electric saws.

Before starting to cut with a blade, carefully look to ensure it’s not damaged. Damaged blades can break during cutting, ejecting hot steel pieces—never a good thing. Check that the blade isn’t missing segments, that it isn’t cracked, and that it doesn’t appear to have been overheated. One way to tell if a blade is cracked is to bang it with a piece of wood to see if it rings. Inspect the blade regularly to guarantee it remains in good condition. The SMI brochure has a lengthy listing of blade problems and remedies to help your blades last longer and stay safer.

Proper mounting of the blade may seem simple but can be critical to its safe operation. First, of course, before mounting a blade, completely turn off the power to the saw—make sure the cord is unplugged or the engine is off. Use the proper tools to tighten the arbor so the blade doesn’t wobble. And never operate a saw without the blade guard in position. When using a new blade for the first time, spin it at top speed for a minute to make sure it doesn’t come apart.

Keeping non-construction personnel at least 100 feet away from sawing operations helps ensure a safe environment. ...continued on next page

9

Safety With Saws...(continued)

Kickback and Lock-In The term kickback is used a bit differently by different saw manufacturers, but basically it refers to when the saw jumps back toward the operator. Lock-in is when the blade jams in the concrete and pulls the saw away from the operator. With proper use neither of these should happen.

Kickback can be caused by using the upper part of the cutting blade or when a cut is interrupted. It also can happen when putting the blade back into a cut that’s already been started. If you must do that, make sure the blade is spinning at top speed before continuing the cut.

Lock-in is similar and often is caused by the workpiece shifting and pinching the blade. Make sure it is supported and clamped so this can’t happen. Another cause of lock-in is trying to cut too deeply too quickly or trying to cut a radius. These can lock the blade or can cause a diamond segment to pop off. Sometimes a safe practice is to make a shallow guide cut then come back for a deeper cut.

Other General Saw Safety All reputable saw manufacturers have extensive safety sections in their owner’s manual. “Our safety committee looks carefully at each product,” said Gallert, “and we make sure the operator’s manual is very clear.”

“The biggest trend in saw safety I’m seeing,” said Bosch’s Jason Feldner, “is education—training people to use the saw properly. Most of the time, they know what they should be doing, so we have to convince them to not pin back the guard and to keep both hands on the saw.”

Maintaining a safe environment is another important safety factor. Keep non-construction people at least 100 feet away and make sure other workers who are closer have proper personal protective equipment (PPE). Saws are dangerous and maintaining control of the situation and focus on the work goes a long way toward safe operation.

Another good source for safety information on cutting is the CSDA. They have developed online courses in saw safety and toolbox talks. For information visit www.csda.org.

Personal Protective Equipment OSHA standard 1926 has detailed requirements for personal protective equipment for construction available on the Web (www.osha.gov/SLTC/constructionppe/ standards.html). For concrete sawing, the most important PPEs include safety glasses, respirators and hearing protection. Of course, proper clothing, footwear and hard hats also are necessary and sensible for most construction sites. If you employ workers, it is your responsibility to provide proper PPE and ensure your workers use them correctly. For an excellent article on PPE for saw operators, go to the list of safety articles on the CSDA website.

Safety glasses or goggles are a must during cutting. The glasses must meet OSHA standard 1926.102 and be stamped as ANSI approved under Z-87.1. Glasses must be comfortable enough that your workers will keep them on and you should require that they be worn at all times. For workers doing a lot of cutting, a full-face respirator The ideal safety PPEs for a worker using a cutoff saw includes face shield, respirator and gloves.

is a good option.

If a worker is dry-cutting concrete without any kind of dust control system, a respirator is a must. There are several types of respirators on the market, ranging from dust masks to full-body supplied-air respirators. MSA has an excellent guide to

10

OSHA Safety Meeting Requirements Weeklysafety.com | 07.23.19 selecting the proper respirator, in addition

OSHA requires that every employer make safety and health a top priority

to a guide to setting up a respiratory

and ensure a safe working environment. OSHA’s job is to provide leadership

protection system, which is a required part

and encouragement to employers to take that responsibility seriously and

of your safety program.

provide educational or awareness opportunities to employees, so they

For silica exposure, the first step must

know their rights to a safe workplace.

be to try to control the silica dust with

Employers have a duty to protect workers from injury and illness on the job

engineering controls. If that’s not enough,

by developing and implementing a safety and health program. According

then go to respirators. The respirator

to OSHA, there are five components every effective safety program should

needed depends on how much dust

have.

is in the air (for details, go to the OSHA website and look up crystalline silica). The minimum respirator is a half-mask model

1. Management Leadership & Employee Participation 2. Workplace Analysis

with a P-100 filter; face masks are not

3. Hazard Prevention and Control

enough protection against silica.

4. Safety & Health Training and Education

“Silica requires a P-100 filter, that’s the

5. Program Evaluation

NIOSH designation,” said MSA’s John Hierbaum. “Those used to be called HEPA filters, but NIOSH discontinued that terminology. P-100 means that it’s 100%

Holding regular safety meetings, like on-site toolbox talks, tailgate meetings or longer pre-shift all hands safety meetings, can satisfy many requirements for most of these components.

efficient against particulates—actually 99.7%. You also have to do a fit test of the respirator by exposing the wearer to banana oil or another material that the respirator would filter out so if the person can smell it you know you’ve got a leak.”

Hearing protection is another important consideration while cutting. Ear plugs or earmuffs should be provided to workers.

There are many good low-cost earplugs on the market today that are effective at reducing noise levels. Muffs also can be effective, but are less so when glasses or respirators affect the fit over the ears.

Employers should provide training in the proper way to insert earplugs—pulling up on the top of the ear during insertion helps them to fit better and to more effectively reduce noise.

Keeping yourself or your workers safe when cutting makes good sense. Take safety seriously and your company will prosper.

Great example of an on-site crew safety meeting. ...continued on next page

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OSHA Safety...(continued)

MANAGEMENT LEADERSHIP & EMPLOYEE PARTICIPATION Employer and employee involvement and communication on workplace safety is essential. To foster this positive communication, OSHA recommends that employers show their commitment by investing time, effort and money into the safety program and hold safety meetings that focus on employee safety and health.

WORKPLACE ANALYSIS Employers and employees must participate to identify and eliminate existing or potential hazards in the workplace.

In addition to having an adequate system for reporting hazards by implementing regular safety meetings, this

Don’t let this happen at your workplace. #safetyfail.com

will provide a casual forum for employees to speak up regarding potential workplace hazards. During safety meetings, employees should be free to add to the dialogue

SAFETY & HEALTH TRAINING AND EDUCATION

of the meeting, report current hazards, and discuss

It is important that every employee receive proper

potential solutions as a team.

and adequate training to ensure they can safely and competently perform their jobs. This also applies to temporary, part-time and contract employees.

HAZARD PREVENTION AND CONTROL

Regular safety meetings should be documented, and

After hazards are identified, it is important that employees

attendance should be recorded. In addition to on-the-job

follow safe working procedures. Regular safety meetings

(OTJ) and compliance training, safety meetings provide

should be held on topics such as:

a valuable safety training mechanism on a more regular

• How to regularly and thoroughly maintain equipment • Review of the hazard reporting procedure • Reminders of the hazard correction procedures • PPE requirements and proper PPE wear, use and maintenance • Safe work procedures for the current work performed • Health safety like cold stress, heat stress, asbestos, lead, etc.

basis to teach and remind all employees of daily safety awareness and hazard prevention.

Adding regular safety meetings to your company’s safety and health program is guaranteed to improve workplace safety, boost team morale, lower insurance premiums, strengthen safety compliance and lower the risk of safety violations. Holding regular safety meetings with your crews, teams and staff is also the best way to ensure that your company is off to a great start meeting and exceeding OSHA’s compliance standards.

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Preventing Human Error in the Workplace KOL Weekly Update | 07.22.19 According to recent studies, 80-90 percent of serious injuries are caused by human error.

Today, employers emphasize the importance of safety and accident prevention and yet every year, many workers are seriously injured or die while on the job.

While many incidents may be caused by poor work environments or machine and equipment failure, other factors such as human behavior are likely to also play a key role. That doesn’t mean the employee is to blame whenever an incident occurs, but rather, that underlying factors exist that may contribute to employees’ unsafe actions.

The Factors Workers learn many habits throughout their careers and sometimes those habits can be dangerous. A few factors that contribute to human error in the workplace include: • Complacency • Horseplay • Over-confidence • Drug or alcohol use • Overexertion • Mental health • Tiredness and lack of sleep • Haste and rushing work Remember, the factors above may contribute to an incident, but that doesn’t mean the employee is always at fault.

Drug and Alcohol Use Let’s use drug and alcohol use in the workplace as an example. Many employers are familiar with OSHA’s recent improved tracking of work-related injuries and illness rule that addresses drug and alcohol testing requirements. That rule does not prohibit drug and alcohol testing. But it does say that employers must limit post-incident testing to situations where drug use is likely to have contributed to the incident AND where a drug test can accurately identify impairment caused by drug use.

For example, say a shelf was overloaded and its contents fell on an employee. In this case, the faulty shelving is the cause of the injury, not the employee’s impairment. Now on the other hand, if the employee were weaving while he walked and used a forklift and crashed into the shelving, you may have reason to believe that substance abuse was the cause.

Your Responsibility Employers must take caution before conducting post-incident drug tests and limit them to situations where drug use is likely to have played a role. In any case where incidents and even near-misses occur, try to identify where the employee may lack knowledge of safety protocol and train him or her accordingly.

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