Safety Net | October 2021

THE SAFETY NET CO N SU LTA N T S

•

DESIGNERS

OCTOBER 2021

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ENGINEERS

IT’S ALWAYS SAFETY FIRST. •

CO N STRUCTO RS

VOLUME 15 ISSUE 10

What Are the Most Common Car Accident Causes in 2021?

03.29.2021 | Karns & Kerrison Injury Law

SAFETY FIRST. Austin employees have worked 4,406,367 hours without a Lost Time Accident through 08/2021.

Between commuting, running errands, and shuffling the kids around, many of us spend so much time in our cars that they’re almost a second home. Though we don’t think of them as one of the top injury risks in our lives, car accidents are too common to ignore. This doesn’t mean we should just stop driving—as if we even could—but it does suggest we should pay a bit more attention to ourselves when we’re behind the wheel.

You’ve probably been told to “drive safe!” when leaving a social event or preparing for a road trip. Most of us plan to follow this advice—after all, an accident can derail everything and leave you with high medical and repair bills. Unfortunately, our intentions don’t always win out, especially if we’re in the habit of bending rules. If you’re guilty of doing things that would make a driver’s ed teacher frown, take a moment today to reset your intentions.

TRACKING COMMON CAUSES OF CAR ACCIDENTS. Each year, the National Highway Traffic Safety Administration (NHTSA) gathers and analyzes accident reports from across the U.S. The agency uses this data to spot trends. While accident causation data are less precise than other measures—as drivers may not admit to certain actions, and many accidents have more than one cause—some behaviors emerge as common issues. The 2018 data—the most recent accident statistics reported in detail—breaks down the top factors in the year’s 51,490 traffic deaths.

CAUSE #5: DISTRACTED DRIVING Any time a driver takes a phone call, eats their lunch in the car, tries to keep kids in the back seat in control, or pays attention to anything that’s not the road in front of them, they increase their likelihood of causing an accident.

Distraction may be: • Visual (taking one’s eyes off the road) • Manual (taking one’s hands of the wheel) • Cognitive (taking one’s mind off driving) It’s hard to stay completely focused while driving due to all the demands most of us face on our time and attention, but it’s no exaggeration to say doing so could save your life. Distraction was a factor in 5.4% of the accidents covered in the NHTSA report.

CAUSE #4: FAILURE TO YIELD RIGHT OF WAY Right of way is one of the basics of driving, so everyone on the road should know the rules. There’s no good excuse for failing to follow them. However, enough drivers broke right of way laws for it to be a factor in 7% of fatal deaths.

It’s possible this cause stacks with others, like distraction or fatigue, which is another reason to make sure you’re fit to be on the road before you start your car. At intersections with traffic signals and those without, an extra second to make sure an oncoming driver will yield can prevent an accident.

CAUSE #3: FAILURE TO STAY IN THE PROPER LANE This seems like another obvious no-no, but it was a factor in 7.2% of fatal accidents, according to the NHTSA report. Straying from the proper lane is another mistake that’s likely to be linked with distraction or fatigue. It’s common for your car to drift when you’re not looking forward—or when someone falls asleep behind the wheel.

Many modern vehicles come with lane assist technology, which can do things like: • Warn drivers who are drifting out of their lane • Steer a car back into the proper lane if it drifts over lane markings • Automatically keep a vehicle centered in its lane If your car has these capabilities, make sure they are active and you know how they work. When it comes time to buy a new vehicle, they’re a safety feature that’s worth paying for.

CAUSE #2: DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR MEDICATION With all the anti-drunk driving campaigns states have launched over the years, it’s a shame to see this factor so high on the list. Impaired drivers were found to be responsible for 10.1% of roadway fatalities.

We all know to appoint a designated driver before we go out or call an Uber, Lyft, or taxi rather than driving home drunk.

What you may not have considered is the danger posed by medications. Prescription and over-the-counter drugs can have side effects like fatigue and dizziness that can interfere with driving safely. Check your medication packaging or search for its side effects online if you haven’t considered whether it might affect your driving.

CAUSE #1: DRIVING TOO FAST FOR CONDITIONS OR IN EXCESS OF POSTED LIMIT It’s no surprise that speeding tops the list, given how commonly we all see it. If you’re running late, we know how tempting it is to press down on the gas…but doing so caused 16.7% of accidents in the NHTSA report. In many cases, speeding doesn’t even make much of a difference, especially if the speed limit along your route is already relatively high. It’s all risk and no reward.

The other reason to follow speed limits is that they’re set for a reason. Higher speeds mean less reaction time and a longer stopping distance. Road design is often based on the speed limit, and cars handle differently at 90 mph than they do at 60 mph. We could continue to list statistics about the dangers of speeding, but you’ve probably heard them all. The takeaway we care about is: Don’t do it.

WHAT IF SOMEONE ELSE CAUSES A CAR ACCIDENT? The worst thing about unsafe driving is that it risks other people’s safety. Driving defensively is a skill most of us learn at the beginning of our training, and it’s still one of the most effective ways to keep yourself safe on the road.

If you do get in a car accident caused by someone else, don’t panic: Call a car accident attorney. Most personal injury firms take vehicle accident cases, and many attorneys at them have significant experience helping accident victims make the most of their insurance claims. The process can be complex, but with a good lawyer on your side, you won’t have to worry about it.

Car accidents may be a fact of life, but we don’t want them to be a factor in yours. The next time you get behind the wheel, take a moment to reflect on this article—and drive safe!

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Workplace Safety and Productivity Go Hand in Hand 09.09.2021 | EHS Today by Gen Handley Though safety is sometimes perceived to be an impediment

and unhappy with their job. Poor safety management can

to operations, research shows that a safer workplace results

not only put the team members’ safety on the line, but also

in a more productive workforce.

operations and productivity. Additionally, heavy fines can

Over the past crazy year, organizations have learned many

result if litigation takes place, crippling—if not completely

important lessons—some, the hard way.

shutting down—an organization.

From these many lessons that we are still experiencing,

When safety is a priority and there’s a culture of well-

managers and supervisors have seen how ongoing, wellplanned safety impacts productivity and quality of work.

However, it is a major misconception that workplace safety and productivity are mutually exclusive, and in order for one area the benefit, the other must be negatively impacted. The reality is that safety and productivity actually complement each other.

When safety improves, so does productivity. In fact, each priority feeds each other in ways that have become clearer with the recent increase in remote and telework. According to a recent study in Occupational Health Science, “employees’ safety and health are of primary importance, as both are key elements in achieving an organization’s desired productivity and efficiency.” Furthermore, according to an article from Automation World,

being within the workplace (even online), team members can focus on the quality of their work instead of the worry and stress that comes with potentially hazardous work environments. A recent study from Science Direct found that physical and psychosocial conditions at work directly impact worker safety, health and well-being and “influence enterprise outcomes such as turnover, absence, productivity and healthcare costs.”

So now that you’re aware of the link between safety and productivity, how can you utilize this knowledge for the advantage of your team and organization? Every team and organization are different, but there are some general steps that can be taken in any industry to benefit all employees. While organizational change takes time and patience, the important first step is to implement some sort

“manufacturers need to view safety and productivity as

of framework that supports and promotes safety in the workplace.

goals to achieve together, rather than ‘safety first’ after productivity.”

TRAINING

When a workplace or the work itself is unsafe, it means that

Safety training—even online—encourages and facilitates

employees may not be well-managed. That could result in less motivated and mindful employees who are unsatisfied

valuable engagement and connection amongst the team, thereby strengthening the personal and professional dynamics on multiple levels. Not every new safety protocol

will require a training session or workshop. However, when

the team is also stronger when they are engaged with the

you are introducing a new major practice or policy, training

safety of themselves and their co-workers.

may be needed.

An active safety department is constantly keeping workers

Use these opportunities to not only educate the team

connected and aware of any potential hazards or risks.

on these important safety measures, but also try to make

Whether you’re looking at employee data from a safety

them as fun as possible. After all, they are also occasions

app, you’re conducting a lunch-and-learn workshop or

for employees to connect over safety and other issues. The

simply checking in on a co-worker, these activities provide

engagement alone from these sessions is worth it, resulting

opportunities for connection. Reaching out to employees

in significant ROI and improved operations. According

on a regular basis strengthens relationships and can result

to a study from The Conference Board on workplace

in better performance because employees feel valued,

engagement in the U.S., disengaged employees cost

which can also help increase employee retention.

organizations around $450-550 billion each year.

LEVERAGE EXISTING COMMUNICATIONS DEVICES

SAFETY CULTURE In 2016, OSHA passed a regulation that prohibits employers

Worker safety has been an important issue ever since 1897

from discouraging workers from reporting injuries and

when Great Britain passed a worker’s compensation act

illnesses and also requires employers to inform their

for occupational injuries. In the centuries since, countries

employees of their right to report any incidents. In a 2009

across the globe have come a long way with laws and

report, The National Employment Law Project found that

legislation to protect workers, including the creation of

43% of low-wage workers in Los Angeles, New York and

OSHA in the U.S., as well as the development of personal

Chicago experienced illegal retaliation from their employer

protective equipment (PPE) and innovative technologies.

after filing a safety-related complaint.

From advanced location tracking and fall detection to

But the tide seems to be turning. Partially because of the

automated check-ins and panic buttons, leveraging any

vigilance against COVID-19, employers are more aware of

existing and commonly used devices (such as smartphones

the safety hazards facing their team. Even though every

and tablets) for these features is essential for protecting

organization’s safety culture will be unique, the strong ones

your team to the best of your organization’s ability.

will create a work environment where staff feel comfortable

For example, this means employing lone worker safety

to speak up about any potential safety hazards without

technology and apps that can be utilized on devices

fear of backlash; staff should be encouraged to raise

already in the field that employees are familiar and

their safety concerns and even rewarded for doing so.

comfortable with. The growing market and options may be

A strong culture of safety and well-being can benefit the

overwhelming, but the good news is that there is a safety

productivity and quality of work in an organization. In an

platform or software for almost every type of safety need and industry.

EHS Today article, Terry L. Mathis says that balancing safety

PHYSICAL AND PSYCHOLOGICAL SAFETY

and productivity “tends to enhance both, while letting either one triumph over the other will not only damage

When it comes to workplace safety, the conversation tends

these efforts but also create collateral damage in other

to gravitate toward physical safety hazards and how to

areas of the organization.”

mitigate them. But due to the widespread isolation and loneliness of the pandemic, safety managers are talking

MOVING FORWARD

more about how to support the mental and emotional

It’s clear that a safe work environment has a number of

well-being of workers, which impacts their physical safety

impactful benefits, including increased work capacity and

as well as the productivity and caliber of their work.” The

quality, in addition to improved well-being and corporate

American Psychiatric Association Foundation estimates

culture because workers will be more engaged with their

that $44 billion in productivity is lost each year to employees

job as well as their co-workers.

with depression.

Safety and productivity are two important pieces of a

Depression, loneliness and other mental health issues

bigger puzzle that encompasses a prolific and happy team

have increased over the past 18 months, but managers

who will produce better work as a result. While it might not

are not powerless. There are a number of resources that

happen overnight, by focusing on these four areas, you

can be provided to improve mental health and stress

can empower and engage workers to constantly improve

management in the workplace. Mental health amongst

workplace safety and simultaneously increase their productivity.

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Life Lessons in Safety 09.08.2021 | EHS Today by Terry Mathis Reflections on a career spent helping companies improve

mission. While many leaders strive for greatness, only a few

workplace safety.

realize that their real challenge is not being a great leader

As I prepare to retire from my position as CEO of the

but in leading great people.

consulting firm I founded, I have been reflecting on my

Truly great leaders spend most of their efforts coaching and

experiences over the past 28 years at ProAct Safety and

mentoring their direct reports and often a few levels further

the years before that in the corporate world.

down the org chart. Leaders, like citizens and parents, often

Although every project had its own individual challenges

find themselves thrust into their roles with little or no formal

and opportunities, I have gleaned thematic similarities across many of them. I hesitate to make such sweeping generalities but believe my reflections can still be relevant and helpful to those pursuing safety excellence. Some

training. Even seasoned leaders do a lot of learning on the job. Wise leaders who are new to their positions evaluate existing structure and staffing before making drastic changes. Seeing how their predecessors ran things can be

of my past clients may see some of their own issues in

a critical element of their learning curve.

these comments. They are not meant to be criticisms but

SAFETY PROFESSIONALS

rather descriptions of the starting places from which our improvement efforts began.

I challenge each of you reading to ask yourself if these issues are still present in your safety efforts and if there are opportunities for further improvement. Also, look for strengths in your people and processes that can be reinforced and propagated.

LEADERS Some organizational leaders lead safety. Some do so successfully, and some try and fail. Many organizational leaders completely delegate safety and turn their attention to what they consider the core of their organization’s

Depending on the staffing of the safety department, safety professionals range from file clerks to strategic leaders.

All too many safety managers are buried in paperwork and reacting to accidents. Those who manage to climb out of that state usually do so either by working for small organizations or by having adequate staffing to free them for strategic thinking. Even those who have the luxury of strategic thinking seldom do so effectively due to a lack of training or an oversimplification of safety as a set of programs and activities.

When asked what one thing, if done differently, would be of the greatest benefit to safety, most safety professionals

don’t have a ready answer. They are trying to eat

When DuPont introduced the Bradley Curve, many jumped

their safety elephant all at once rather than prioritizing

on the concept since it presented defined steps to culture

improvements and approaching them one bite at a time.

improvement. While it served well as a road map, it did

STRATEGY If safety strategy is developed by the safety department and organizational strategy is set by organizational leaders, the two may clash. When they do, the safety strategy always loses. It can also create a dichotomy for workers when their production boss and their safety boss give them conflicting instructions.

not come with a vehicle or driving instructions. One simply envisioned success, hoped for the best and attempted to measure or estimate progress from one step to the next.

When publishing company John Wiley & Sons asked me to write another book on safety culture, there were already another dozen or more books on the subject.

The thinking had advanced significantly, as had the priority. Organizations were realizing how important and

To see at a glance whether these two strategies synergize

valuable safety culture could be, and they were hungry for

or compete, look at the org chart. If safety reports through

instructions on how to develop one. Excellent organizations

another functional VP such as HR or Production, the

pursued safety culture excellence with enthusiasm while

safety strategy is isolated from organizational leadership.

others watched from the sidelines.

In the best performing organizations, safety has a seat at the table and is viewed as a core value that must be

WORKFORCE ENGAGEMENT

considered in every decision.

Over my career, the word “engagement” largely replaced

Many safety efforts are an assembly of programs and activities with no common core or alignment. Strategy is the development of a unique plan to succeed that aligns all efforts toward common goals and methodologies. It

the word “motivation.” Motivation had an element of artificial enthusiasm to many leaders while engagement was more of an operational term for the right mindset and performance.

must breach the walls of organizational silos and include

I found that the vision of motivation varied greatly

all departments and divisions to define their specific

among organizations. Some simply wanted buy-in to

contribution to safety efforts. Many of my clients argued

their approach. Others wanted physical participation in

that they had a safety strategy until we involved them in

safety efforts. The most forward-thinking wanted both but

a workshop to develop one. Almost all expanded their

ultimately also wanted worker ownership of their safety

thinking about safety strategy after considering all the

efforts. The best approaches utilized worker creative input

elements included in other organizations’ strategies.

to build ownership. The lesser attempts simply tried a sales

CULTURE When I wrote my first book on safety culture in 1993, the concept was still new, even foreign, to most of my clients.

Behavior-Based Safety (BBS) was the latest in vogue safety process and the pursuit of that was as close as most organizations got to safety culture development. Most organizational and safety leaders did not have a common definition of what culture was or how to improve it.

pitch to convince workers to believe and participate.

Organizations contact safety consultants when they perceive a problem or opportunity. Those with the least success defined their own condition and put out an RFP for bids to address it. The organizations with the greatest success asked for help defining their status and customizing an intervention to directly impact the core of the issue(s).

Consider these generalizations from my 30-plus years of experience in improving safety and see if you can benefit from them. Best wishes for your success!

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Your personal core values define who you are, and a company’s core values ultimately define the company’s character and brand.

weeklysafety.com

OSHA Calls on Employers to Help Stem Surge in Construction Worker Suicides 08.25.2021 | EHS Today Staff Safety stand-downs planned for Suicide Prevention Week,

of Labor for OSHA Jim Frederick, said in a statement.

September 6-10.

“Workers in construction face many work-related stressors

While the hazards most often associated with workplace

that may increase their risk factors for suicide, such as the

deaths in the U.S. construction industry – falling, being struck

uncertainty of seasonal work, demanding schedules and

by or crushed by equipment or other objects, or suffering

workplace injuries that are sometimes treated with opioids.”

electrocution are well-known – a recent study finds that

The Suicide Prevention Safety Stand-Down started as

another potential killer is taking lives at an alarming rate.

a regional initiative in OSHA’s Kansas City and St. Louis,

In 2020, the Centers for Disease Control and Prevention

Missouri, offices with these task force members: Builders

found that men working in construction have one of the highest suicide rates compared to other industries. Their rate of suicide is about four times higher than the general population.

While the CDC continues its research to understand the disparity, OSHA has formed a task force of industry partners, unions and educators to raise awareness of the types of stress that can push construction workers into depression and toward suicide. In addition to alerting stakeholders, the task force encourages industry employers to share and discuss available resources with their workers. The task force is calling on industry to take part in a weeklong Suicide Prevention Safety Stand-Down, Sept. 6-10, to raise awareness about the unique challenges construction

Association, Associated General Contractors of Missouri, University of Kansas, University of Iowa, Washington University, American Foundation for Suicide Prevention, local unions and several employers. More than 5,000 people participated in the 2020 Suicide Prevention Safety Stand-Down, and OSHA encourages others to join the effort in 2021.

“Like many workplace fatalities, suicides can be prevented,” said OSHA Acting Regional Administrator Billie Kizer in Kansas City, Missouri. “We encourage employers to use all available resources, familiarize themselves with the problem and learn to recognize the warning signs of depression. We also urge workers to seek help if they feel overwhelmed or overcome by a loss of hope.”

workers face. The stand-down will coincide with National Suicide Prevention Month in September.

“Work-related stress can have severe impacts on mental health and without proper support may lead to substance abuse and even suicide,” stated Acting Assistant Secretary

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How to Address Addiction Issues in the Workplace 08.31.2021 | EHS Today by Tim Stein In observance of Overdose Awareness Day, here are five ways safety professionals can intervene to help employees with addiction and prevent overdoses on the job.

When most people hear about drug overdoses, they immediately think of the stereotypical homeless, strung out “druggie.”

But the truth is, millions of people struggle with addiction every day, most of whom you would never suspect, including doctors, attorneys, IT engineers, heavy equipment operators, “soccer moms” and successful entrepreneurs.

I know this to be true because I was one of them.

After a series of injuries and surgeries I endured as a Division I collegiate athlete, I became addicted to pain pills, specifically opioids. Soon, prescription pills weren’t enough, and I was hooked on GHB, the powerful central nervous system depressant commonly known as “roofies” or the “date rape” drug. When I was 24 years old, I accidentally took the equivalent of 1015 doses all at once, which resulted in a seizure and overdose. Thankfully, my brother was there to call paramedics who revived me and saved my life.

Now, nearly ten years sober and an HR professional at American Addiction Centers, I am keenly aware of the risks of substance use disorder (SUD) and overdose in the workplace, especially as we find ourselves amid a pandemic.

The statistics are shocking and overwhelming: substance use has skyrocketed since the start of COVID-19 lockdowns and overdose deaths hit an all-time high of more than 93,000 in 2020, an increase of nearly 30% from 2019, according to provisional data from the National Center for Health Statistics.

What’s more, according to the CDC, drug overdose deaths while at work are on the rise, with transportation/ warehousing, construction and healthcare/social service industries ranking in the top three for highest OD deaths. While these jobs might seem disconnected on the surface, they have one thing in common: access to opioids.

With accidents and injuries common in warehouse and construction work, prescription pain killers are the go-to treatment solution. In the healthcare field, drugs are easily available and accessible. It’s a recipe for substance use disorder, especially for those with a genetic predisposition.

Safety professionals are in a position to help prevent overdoses and detect addiction in the workplace. However, they can’t do it alone. Safety professionals need to work with human resources, legal and other business stakeholders to make sure interventions and policies are lawful, in compliance and are both fair and enforceable. Here are five strategies that can help employees:

1. IMPLEMENT A SUBSTANCE USE POLICY. It’s difficult to take any action at all without a policy in place—one that employees must be made aware of and agree to.

Clearly state your expectations, any routine drug screening protocols and potential consequences for violation of the policy.

2. SPECIFY WHAT CONSTITUTES “REASONABLE SUSPICION.” While we’d like to assume no one would report a co-worker for substance use for nefarious reasons, it’s best to err on the side of caution. Be clear in the objectively observable physical signs to look for: odor of alcohol or marijuana, changes in speech (which can be slurred from alcohol use or overly talkative from opioids), excessively drowsy or agitated, watery or glassy eyes or pupils that are either inappropriately dilated or constricted. In addition, I recommend enforcing a policy that states if this behavior is reported by anyone, it must be observed by at least one member of management—two to be safe.

3. EDUCATE LEADERSHIP AND STAFF ON THE DISEASE OF ADDICTION. There’s still a huge stigma and misunderstanding that substance use disorder is a moral failing or a character flaw. That can make staff more likely to take a harsh stance if they suspect a co-worker may have a problem. To counteract that stigma and encourage staff to be supportive instead of judgmental, offer trainings that clarify addiction as a disease and that it should be viewed and treated like one.

By understanding the genetics, the biology and the fact that addiction doesn’t discriminate, employees will be more likely to look out for one another and take an empathetic approach. Better yet, employees will feel less shame for their own addiction and seek the help they need.

4. OFFER A SECOND CHANCE. In many scenarios, substance use can be a Catch-22 for workers. They know they may get fired if they get caught, but they may also be physically dependent on a substance. Worse, if they stop, they may go through withdrawals or get sick and miss work, which may also get them fired. Either way, they’re set up for failure.

Instead, create a policy that gives workers a second chance. Let employees know that if they come forward or volunteer to get treatment for their substance use disorder, you’ll hold their position and help them find a treatment program. This gives employees an opportunity to get the help they need without losing the income, security and sense of accountability that comes with employment. To outright fire them on the spot can send them—and the rest of the workforce—down a dangerous path of isolation and despair that could lead to an accidental or intentional overdose.

5. CONSIDER NARCAN TRAINING WHERE APPROPRIATE. Despite best efforts to reduce the risk of substance use and overdose while on the job, it’s certainly not a guarantee that it’ll never happen. Especially in certain high-risk industries, it’s wise to have a contingency plan that includes having Narcan/ naloxone on hand, as well as staff trained in proper administration.

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Modernizing Safety with Mobile 09.16.2021 | EHS Today by Stewart Price Learn why companies are moving to mobile information

That’s where mobile apps for EHS and compliance make so

solutions for EHS and compliance.

much sense.

The world is going mobile and leading organizations are

Organizations are switching to mobile solutions to

taking note. With increasingly distributed workforces and

develop safer practices and procedures, improve internal

more complex challenges than ever, it isn’t feasible to

communication, and solve global information challenges.

manage internal risks, compliance and well-being by hand.

Mobile enables organizations to automate and streamline

You can’t rely on manual systems with pens and paper,

EHS and compliance processes to create safer work environments.

or hardwired systems to keep your organization safe and

In the past, many enterprises incorporated mobile

compliant in a highly complex, constantly changing world.

technology for data capture and reactionary measures

Today, mobile phones are ubiquitous. With a mobile device

like incident reporting. Today, mobile enables new levels

in just about every employee’s pocket, mobile is the

of preparation through both data delivery and capture,

platform of choice and speed. In today’s digital workplace,

enabling employees to not only report on incidents, but

employees have similar expectations to consumers and

also to help employees prepare for and prevent incidents.

expect information on mobile.

Following is a look at some of the ways that compliance

We’re all spending more time on mobile, and the growth

and EHS mobile apps can help organizations.

and reliance on mobile apps has skyrocketed. A recent report by mobile data and analytics firm App Annie found

INCREASED ACCESSIBILITY TO RESOURCES

global consumers are now spending an average of 4.2

Compliance and EHS mobile apps bring your workplace

hours per day using apps on their smartphones, an increase

safety and compliance resources directly to your

of 30% from just two years prior. As general consumer

workforce. Mobile enables organizations to provide

behavior shifts, organizations need to adjust to

employees with a convenient, easy-to-use app at hand.

meet expectations.

Mobile apps can provide access to resources such as

than being tied to desktop software or filing cabinets.

contact information or emergency procedures directly on

Mobile empowers EHS teams to capture data on the fly,

employees’ phones with or without Internet access. Further,

pull up regulatory information, and complete many other

mobile apps make it streamlined and efficient to access

essential tasks right from the facility floor rather than

that information with one-tap access to your company’s app.

at a desk.

With key safety and compliance tools within reach at all

CLOUD-BASED CHANGE MANAGEMENT

times, you’ll stay prepared for the various risks that threaten workers’ safety and your organization’s bottom line.

IMPROVED INFORMATION PROCESSES With a mobile platform, you can integrate databases of information and replace binders of documents with an intuitive app. From flip charts and rainbow charts to training materials and handbooks, mobile information apps work to

Mobile apps enable organizations to cut down on the resources used to manage EHS and compliance programs.

Cloud-based mobile solutions also enable growth and change at scale. A single mobile app can replace thousands of pages of documentation, and save the team hundreds of management hours. Additionally, the right platform enables automation and replication for managing

house, organize and share large amounts of information to

hundreds or thousands of apps.

improve management.

Additionally, cloud-based solutions often provide flexibility

Moving to a mobile solution saves time spent creating and

to integrate with existing processes. Look to solutions with

managing physical materials. It also saves your employees

an Open API and integrations with common tools to get the

the time spent rifling through binders and spreadsheets or

most out of a mobile EHS and compliance solution.

traveling back and forth to a desktop workstation. Mobiles

THE RESULT: STRONGER CULTURE OF ACCOUNTABILITY

apps can transform information processes, supporting more informed employees with better-managed content.

REAL-TIME DATA CAPTURE AND DELIVERY Real-time information distribution is critical. Mobile EHS and

The best mobile apps empower organizations to automate and streamline their safety programs while equipping stakeholders with the information they need to prevent and

compliance apps enable organizations to make changes

respond to emergencies.

and push out new information instantly. With a cloud-

Innovative leaders are realizing that through automation

based mobile solution you can push out process changes,

and integration with mobile-first technology, the best EHS

share new resources and provide vital updates to your

and compliance apps streamline and enhance safety

audience instantly.

programs and processes. All of this can help create a

Additionally, mobile apps allow safety and compliance

stronger sense of accountability and safety within an organization.

employees to work where work actually happens rather

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Controversy Erupts Over Biden’s Vaccination Mandate 09.10.2021 | EHS Today by David Sparkman Opponents to the OSHA vaccination ETS approach pledge

manage COVID in their workplaces (which did not call for

to oppose it in court.

mandatory vaccinations).

Businesses and their employees are about to get a crash

By the time OSHA was able to produce the ETS in mid-

course in federal regulatory law thanks to President Biden’s

March, the prevalent opinion was that the emergency

nationwide announcement ordering the Occupational

situation had passed because of the widespread and rapid

Health and Safety Administration (OSHA) to require

pace of vaccinations throughout the population. Soon

employers of more than 100 workers to mandate COVID-19

after, the President and other leaders proclaimed that the

vaccinations as a condition of employment.

progress had been so good that many of the restrictions

Opponents of this sweeping command pledge to have

adopted in 2020 could be abandoned, including the

it overturned by the U.S. Supreme Court—and they may

wearing of masks by those who had been vaccinated.

actually have a good chance of accomplishing that.

As a result, the workplace ETS eventually issued by OSHA

But in the immediate term, the overwhelming difficulties

was confined primarily to workers in the healthcare

surrounding organizing and imposing such a massive

industry. But that didn’t mean the agency backed away

program on so many employers could prove to be quite

from COVID enforcement. Earlier this year it announced

daunting for the administration.

a National Emphasis Program (NEP) for COVID-19

For employers, the new vaccine mandate is going to

enforcement targeting employers in what it considers to be

require a crash course in the arcana of federal rulemaking

higher hazard industries.

laws and procedures, as well as on the role of the states in

It has pursued that program since, starting with the

workplace safety and health regulation. Announced on

healthcare industry and later moving to restaurants. Other

Sept. 9, the President’s intention is to have OSHA issue an

targets are general warehousing and storage, temporary

Emergency Temporary Standard (ETS) laying out what will

help and staffing agencies, discount department stores,

be expected of employers.

supermarkets and grocery stores (excluding convenience

Readers of EHS Today should be acquainted with this issue

stores), and poultry and meat slaughtering and processing plants.

because on the day after he was inaugurated, President

Normally, a federal agency can only enforce regulations

Biden ordered OSHA to issue a guidance document for

it has adopted under the Administrative Procedures Act

employers, to be followed by an ETS telling them how to

(APA), where Congress requires agencies to only adopt a

rule after it has been announced in the Federal Register

danger existed. Another problem is that another federal

and subjected to a public notice and comment period.

appeals court a year earlier rejected a lawsuit filed by the

Over the years, Congress has added other requirements,

AFL-CIO seeking to force the Trump era OSHA to adopt

including environmental and small business impact

an ETS, another indication that federal courts will not be

statements, that must accompany each new rule.

pushovers for the Biden administration.

NOT AN EASY PATH

Then there is the fact that federal OSHA only controls

As a result, it can take anywhere from six months to several years before a new regulation can go into effect, and even then it can be subject to court challenge by those who are impacted by it. An ETS is not subject to the strictures of the APA, but that doesn’t mean OSHA can adopt one without keeping in mind that it may be called upon to prove an emergency continues to exist before the federal courts.

OSHA has not successfully issued an ETS since 1978. Its last attempt before COVID would have regulated asbestos exposure and was invalidated by a U.S. Court of Appeals in 1984. The court held that OSHA had not sufficiently supported its conclusion of a “grave danger,” i.e., that 80 people would die in the next six months without the ETS, and that OSHA could not show that an asbestos ETS was “necessary” given its existing respiratory standard, attorney Gabrielle Sigel of the Jenner & Block law firm, pointed out last March.

She also pointed out that the March 15 deadline set by the President in January had not given OSHA enough time to assemble the data needed to establish that a grave

enforcement in about 28 states; the remainder regulate workplace safety through state agencies and laws. Last year, states like California and Virginia were able to adopt sweeping ETS rules that survived court challenges and were later made permanent by the state legislatures.

The sheer scope of this new order also creates an enormous number of management and cost complications. Even employer groups that have embraced the concept of the President’s order are questioning how these details will eventually be worked out. For example, will OSHA continue its requirement that makes employers responsible for recording adverse reactions to the vaccines as work related when the shots are not voluntary?

Then there is the political fallout which began immediately following the President’s speech. In his speech, President Biden confessed to losing patience with those of his fellow Americans who have chosen not to get vaccinated for a variety of reasons. Given the divided state of this country right now, still reeling from the chaotic withdrawal from Afghanistan, it could be tough for the President to sell the vaccination mandate to the public.

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