Safety Net | November 2018

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

NOVEMBER 2018

VOLUME 12 ISSUE 11

WINTER HOLIDAYS foodsafety.gov

A

s the end of the year approaches, it’s likely there are multiple meals and parties in your future. Carrying food from one location to another and

sharing dishes with a crowd means more opportunity for bacterial growth and food poisoning. Whether you’re an experienced cook, a first-time party host, or simply adding a dish to the potluck lineup, the holidays can make even the most confident chefs nervous. Follow these steps to keep your holiday season food

SAFETY FIRST.

poisoning-free.

Steps to follow during holiday grocery shopping: Austin employees have worked 2,420,064 hours without a Lost Time Accident through 9/2018.

• Keep raw meat, poultry and seafood away from other foods in your grocery cart.

• Buy cold foods last.

• Ask the cashier to place your raw meat, poultry and seafood in a separate bag. continued

Steps to follow during food preparation: • Use separate cutting boards for raw meat and readyto-eat items like vegetables or bread.

• Prepare uncooked recipes before recipes requiring raw meat to reduce cross-contamination. Store them

remain above 140˚F and cold items should remain below 40˚F. • Use several small plates when serving food.

• Discard perishable foods left out for 2 hours or more.

out of the way while preparing meat dishes to ensure

Steps to follow when cooking a holiday roast:

they don’t become contaminated after preparation.

• Use separate cutting boards, plates and utensils for raw

• Use a meat thermometer to check the internal temperature of dishes to ensure they are fully cooked

roasts and cooked roasts to avoid cross-contamination.

• Wash items such as cutting boards that have touched

and safe to eat. Fresh beef, pork, veal and lamb

raw meat with warm water and soap, or place them in

should be cooked to 145˚F with a three-minute rest

a dishwasher.

time; fish should be cooked to 145˚F; ground beef, veal and lamb should be cooked to 160˚F; egg dishes should be cooked to 160˚F; and all poultry should be cooked to 165˚F.

Fool proof tips when cooking for groups: • Keep hot food hot and cold food cold, using chafing

• To ensure the juiciest possible roast this holiday, use a meat thermometer. Once it has reached the USDA recommended internal temperature of 145˚F, the roast is safe to eat.

• Remember, all cuts of pork, beef, veal, and lamb need a three-minute rest time before cutting or consuming.

dishes or crock pots and ice trays. Hot items should

SAFETY SUMMIT HELD TO REDUCE TRENCHING FATALITIES OSHA QuickTake | October 16, 2018 Every year, more than 50 workers die in trench-related incidents and thousands more are injured. OSHA and the North American Excavation Shoring Association recently hosted the Colorado Trench Safety Summit to raise awareness of hazards and best practices. More than 500 attendees participated in training and demonstrations, including a mock trench rescue by local first responders.

OSHA also shared compliance assistance resources to help keep workers safe from trenching hazards.

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KEEPING YOUNG WORKERS SAFE BEHIND THE WHEEL National Safety Council | August 26, 2018 According to NIOSH, motor vehicle crashes are the leading cause of work-related deaths

THIS ISSUE: AT A GLANCE Keeping Young Workers Safe Behind the Wheel page 3 Safety Tips for the Holidays pages 4-5

among people ages 16 to 24 in the United States. From 2003 to 2010, 843 workers in this age group died in on-the-job motor vehicle crashes.

Young drivers lack the maturity and driving experience of their

OSHA Citations page 5 How To Navigate Temp Worker Issues That Arise During OSHA Inspections page 6

older co-workers, NIOSH states. Other contributing factors include poor impulse control, difficulty responding appropriately to traffic hazards, a tendency to overestimate their driving skills, inconsistent seat belt use and distracted driving.

How Employers Can Help NIOSH offers tips for keeping young drivers safe on the job: • Limit driving to workers 18 and older. For information about when 17-year-olds can legally drive on the job, visit sh-m.ag/2q3PyLY. • Ensure workers assigned to drive have a valid state driver’s license.

• Ensure all workers and passengers are wearing seat belts.

• Provide young employees with driver training. “Employees of all ages who are expected to drive for work should receive driver

What’s happening around Austin? page 7 5S Workplaces: When Safety and Lean Meet pages 8-10 OSHA: Your Personal Safety Consultant pages 10-11 MIOSHA Reported Fatalities pages 11

training when they are hired, and periodic ‘refresher’ training thereafter,” NIOSH recommends.

• Have policies in place for inclement weather, so young drivers don’t feel as though they must drive in adverse conditions.

Employers should ensure compliance with inspection, maintenance, testing and retirement of vehicles. “Regular inspection and maintenance are critical for keeping vehicles in safe operating conditions at all time,” NIOSH states.

Have a written policy statement in place that covers not only your responsibilities as an employer to maintain safe vehicles, but what is expected of drivers. Provide workers with a list of consequences for

Incentive Programs, Post-Incident Drug Testing Not Prohibited Under Electronic Record Keeping Rule pages 12-13 Fall Protection Tips: OSHA’s Annual ‘Top 10’ List of Most Frequently Cited Violations pages 13

noncompliance with any road safety policies.

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SAFETY TIPS FOR THE HOLIDAYS safetyholiday.com The holidays are rapidly approaching and with them come increased travel and shopping. Below are a few tips to help you stay safe this holiday season:

Personal Safety • Never leave gifts or anything of value visible inside your vehicle, even if you cover them up with a blanket, jacket, etc.

• Ladies, some of you may put your purse in the trunk before entering a store. Thieves watch for you to do this in parking lots. It makes their “job” easier if you show them where it is. It is best to take the purse with you and

Travel Safety • Put away distractions such as cell phones, iPad, laptops,

carry it safely.

• Don’t carry large amounts of cash. If you choose to,

etc. Many accidents are caused by cell phone use and

put it in your front pocket and try not to display it when

distracted driving. That call or text can wait; it may save

paying for things at the register.

your life. If you need to use the phone, find a safe place to pull over.

• Make sure your vehicle is in good condition.

• Never drive tired. Get a good night’s sleep before heading out on a long drive.

• Don’t drink and drive EVER! Don’t text and drive EVER! • Always buckle up. Many lives are saved every day by seatbelts.

• Allow plenty of time to get where you are going. There are many more vehicles on the road during the holidays.

• Obey the rules of the road. Don’t drive in an aggressive manner. If someone tries to merge into your lane, slow down and let them.

• Always stay to the right if more than one travel lane.

Only drive in the left lane if passing or turning.

It’s the law.

• Keep your eyes “scanning” at all times. Look for potential hazards like kids or animals near the road.

• Don’t leave money visible in your purse. You’re asking to have a holiday thief pick your pocket if you do.

• Never leave your purse in your shopping cart. It only takes a split second for it to “go missing”. Bad guys will follow you around the store and wait for you to turn your back momentarily, and then quickly walk away with your purse and identity.

• Always keep your purse closed. Zip it, snap it, or buckle it shut. If you leave it open a thief could easily reach in and remove your wallet. You won’t even know it’s gone until it’s too late.

• If shopping at night, park in a well-lit parking lot. If you feel uncomfortable walking to your car alone, most places will be happy to have security accompany you.

• Be aware of your surroundings. Thieves will try all kinds of ways to get close to you so they can get what you have.

• Walk with confidence. If you appear to be an easy target you probably will be.

• Take friends with you and stay in groups. 5 sets of eyes are always better than 1. continued

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OSHA CITATIONS OSHA QuickTake | October 16, 2018

Home Safety • Don’t leave your window blinds up for everyone to see inside as they drive by your house. This can entice a burglar to break in and take all those nicely wrapped

Washington Cites Construction Company for Trenching and Excavation Hazards

gifts from under the tree or that flat screen TV on your

The Washington Division of Occupational Safety and

wall that he saw on the way to break into someone

Health issued six citations and $126,400 in penalties to

else’s home.

Colf Construction for exposing workers to trenching

• After Christmas, tear up boxes and put them in a recycle bin before you take them out to the side of the road for trash pick-up. If you put a box by the road that contained an expensive item you’re advertising to all you have that expensive item inside.

• Always lock up medications and don’t let anyone know

and excavation hazards during a highway bridge project. Inspectors determined the company failed to ensure that workers were protected from caveins, conduct daily excavation inspections, remove workers from hazardous areas, and provide safe exits from excavations.

you have them. Many homes are burglarized because the resident told the wrong person they are on medication.

• Don’t leave your garage door cracked for your pets. It’s an easy access point for burglars.

• Leave lights on when you leave at night. Floodlights are a wonderful deterrent for thieves.

• Make your home appear occupied. Leave a TV or radio on so it looks like you’re inside.

• Don’t post any information that you are on vacation

Hawaii Cites Electrical Contractor for Safety and Health Violations The Hawaii Occupational Safety and Health Division issued three citations and $88,725 in penalties to Hawaiian Electric Co., Inc., after a

on social networking sites like Facebook. Wait until you

foreman came in contact with energized equipment

return to give details of your trip.

and sustained a near-fatal shock and burns.

Inspectors concluded the company failed to have

These are a few tips to keep you thinking this holiday

an effective safety and health program, train workers

season. Some may not apply to you, but feel free to pass

on the control of hazardous energy, and conduct an

it on to your neighbors. Be vigilant and watch out for each

inspection to identify hazards before starting work.

other. Use your head and don’t make yourself an easy target. Remember, if you see something, say something.

Have a wonderful holiday season!

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HOW TO NAVIGATE TEMPORARY WORKER ISSUES THAT ARISE DURING OSHA INSPECTIONS Forbes | October 15, 2018 It’s important for manufacturers utilizing temporary workers to remember that OSHA can and will inspect their operations, even those with the most robust safety and health programs. OSHA has the authority to initiate an inspection of a manufacturing facility for any number of reasons that fall under two main categories – unprogrammed and programmed. Unprogrammed inspections occur in response to reported situations involving imminent danger accidents or employee complaints. Programmed inspections occur because a facility falls under a National Emphasis Program, a Regional Emphasis Program, or a Local Emphasis Program.

For example, most manufacturers fall under the various NAICS codes subject to OSHA’s National Emphasis Program on Amputations. Under that program, OSHA area offices have the authority to conduct lockout/tagout and machine guarding inspections of any manufacturing facility within that area office’s jurisdiction.

A supervisor is explaining the dangers of blocking an emergency exit to a new employee.

As the percentage of temporary workers in the manufacturing sector continues to trend upward – in the range of 8 to 10 percent according to the U.S. Department of Commerce – so too has the level of scrutiny applied to companies using temporary employees. Having a thorough understanding OSHA’s methods and motivations will help manufacturers and staffing agencies remain compliant and avoid costly citations.

Once an inspection is underway, OSHA instructs its Compliance Safety and Health Officers (CSHOs) to pay particular attention to the presence of temporary workers. OSHA’s instruction is based on the agency’s unsubstantiated, cynical opinion revealed in a 2013 memo that “some under the OSH Act and other worker protection laws.” As an unfortunate consequence, many CSHOs will often begin the inspection of a temporary workforce from the viewpoint that the host employer is shirking its duty to protect these employees under OSHA’s standards.

Manufacturers can take a number of proactive steps to ensure that compliance issues do not arise from their use of temporary workers, beginning with documenting the specific responsibilities of both host employers and staffing agencies as they relate to OSHA compliance. Manufacturers must be cautious, however, in relying solely on the staffing agency to fulfill compliance obligations. Even where certain responsibilities are unambiguously assigned to the staffing agency, such as training or providing personal protective equipment, OSHA may still cite the host employer for the staffing agency’s failures. Manufacturers should hire or develop a separate audit system to ensure that staffing agencies are fulfilling their contractual obligations as they relate to safety and health of temporary employees.

It is also critical that manufacturers subject to inspections involving temporary workers work carefully with CSHOs to ensure an accurate exchange of information and help avoid an unfounded citation. Manufacturers should take full advantage of their rights to limit the inspection to the scope of the complaint, accident or emphasis program, to accompany the CSHO throughout the inspection, and attend all non-private employee interviews. Manufacturers should also consider working with the staffing company to ensure that consistent and accurate information is provided to the CSHO. This will help avoid situations where the staffing company attempts to deflect the staffing company’s contractual responsibilities onto the host employer.

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WHAT’S HAPPENING AROUND AUSTIN?

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Tom Morris gave an appreciation talk to over 70 craft at Pepperidge Farm.

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Pepperidge Farm celebrates safety lunch for working 20,000 man-hours without a recordable accident.

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Charlie Engel completes OSHA 3115 Fall Protection class at Georgia Tech

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Training of the Austin new QA construction manual was given to the Austin team at Harlingen Medical Project for Phase 3 of the project. The Austin team has agreed to implement this procedure. If so, the project will not have any punchlist items when finished.

Left to Right: Chris Henry, Blanca Garcia, Bob Hummarlund and Rob Grimstad

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5S WORKPLACES: WHEN SAFETY AND LEAN MEET

The five in a 5S workplace organizational and housekeeping methodology refers to five steps – sort, set in order, shine, standardize and sustain. Safety should be the honorary sixth “S.” EHS Today | John Grover | June 25, 2012 Many manufacturing facilities have

segment of any 5S project. Standardize

Implementing the 5S method

opted to follow the path towards a

and sustain refers to methods used

means cleaning up and organizing

“5S” workplace organizational and

to ensure that safety and good

the workplace in its existing

housekeeping methodology as part

housekeeping is maintained. Check

configuration. It typically is the first

of continuous improvement or lean

sheets can be used to build good

lean method that organizations

manufacturing processes. The term

habits in these areas and to ensure

implement. This lean method

refers to five steps – sort, set in order,

good housekeeping is maintained

encourages workers to improve their

shine, standardize and sustain – that

in all areas.

working conditions (including safety

are also sometimes known as the five pillars of a visual workplace.

The Five Pillars of a Visual

and ergonomics) and helps them to learn to reduce waste, eliminate

Workplace

unplanned downtime and conduct

and universal approach that works

5S is a system to reduce waste

in-process inventory.

in companies all over the world.

and optimize productivity through

A typical 5S implementation results

It is essentially a support to such

maintaining an orderly workplace

in significant reductions in the square

other manufacturing improvements

and using visual cues to achieve more

footage of space needed for existing

as just-in-time (JIT) production,

consistent operational results.1 5S

operations. It also results in the

cellular manufacturing, total quality

programs usually are implemented by

organization of tools and materials

management (TQM) or six sigma

small teams working together to get

into labeled and color-coded

initiatives, and is a great contributor

materials closer to operations – right at

storage locations, as well as “kits”

to making the workplace a safer and

workers’ fingertips – and organized and

that contain just what is needed to

better place to spend time.

labeled to facilitate operations with the

perform a task.2

The 5S methodology is a simple

Key components of the 5S philosophy are safety and good housekeeping

smallest amount of wasted time and materials.

Table 1 provides an overview of the 5 pillars, with a brief definition of what

practices. Safety is an integral part

“A place for everything, and

the step means in a manufacturing

of the sort, set in order and shine

everything in its place” is the mantra of

context, why it is important, and

the 5S method. continued

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the list of problems it avoids if

safety or ergonomic improvements,

practices. Items 1 through 6 – put

implemented.

in addition to tooling requirements,

away; organize work in process; sweep;

equipment requirements, materials

empty trash; dust, wipe, clean; and

Three-Step Process for

required, travel distances and

mop – set the stage for other assembly

Implementing 5S

information requirements.

activities that reduce waste, such as

The 5S methodology typically is

For example, team members might

turn off machines, turn off accessories,

implemented using a three-step

observe workers walking long distances

process, which includes establishing

to obtain needed parts, or spending

area lights.

a cross-functional team (including

time reaching into bins on shelves

Audits can be conducted to review 5S

employees who work in the

to find parts. Or they may identify

progress processes from level 1 (initial

associated areas), touring all areas

hardware, like nuts, bolts and screws

effort) to level 5 (habit). In the “Shine”

associated with the manufacturing

that are used in a certain area, but

category, for example, the goal is to

processes under review and

stored in a central storage facility far

have a system in which work area

brainstorming ways to improve

away from the point of use. The goal

housekeeping is a routine way of life

organization to reduce waste.

of the VSM is for the team to walk the

and corrective action measures are in

For example, factories usually have a

process, and identify what operators

place to address cleanliness issues.

great deal of waste associated with

really need versus what they receive.

Safety also plays an important role

searching for items. It is not unusual

Finally, the team envisions a future

in the 5S audit process. Standard

for a 3-hour changeover routine to

state based on the exercise and

worksheets are developed for each

include 30 minutes of searching. When

begins implementing the future state.

process to help make a factory more

attempting to reduce changeover

The process is iterative; the future

visual, highlighting safety precautions

time radically (for example, going

state becomes the current state, and

for each cell, in addition to showing

from 3 hours to 10 minutes), there

a continuous improvement process

where all work in process should

clearly is no room for 30 minutes of

should be used to identify new ways

be located.

searching waste.

to reduce waste. Waste is defined very broadly, and includes things like waste

The safety precautions presented on

Value stream mapping (VSM) can be used in the 5S process to analyze the material, process and information flow. The information is used to develop a current state map, which sets out how things have been done in the past. The team then analyzes the current state map to identify opportunities for workplace organization, safety and housekeeping improvements.

A wide range of ideas is considered; while all ideas won’t end up being viable, all are worthy of investigation.

The key is to observe non-valueadded processes and create an environment to promote value-added work through waste elimination. For example, safety identification is a key issue mapped during the VSM process. For each process step, data is collected on opportunities for

in the movement of material, carrying too much inventory, defects or rework, injuries caused by poor organization or producing scrap. If a worker trips and falls because boxes of supplies are left in a walkway, that injury is considered waste. If materials are not returned to their proper place and employees spend time searching for them, that is waste. Building defective products because defective parts were not identified and removed from the process also is waste.

Simple tools and aides can be used to reinforce the lessons learned in the VSM process, and good housekeeping practices form the basics of this effort. Half the activities called out in the monthly 5S Check Sheet for an assembly process are basic, but essential, good housekeeping

turn off air, lock doors and turn off

the standard worksheets typically are those resulting from the risk assessment process, a structured approach that results in a ranked listing of the risks involved for each activity.

The risk assessment process reviews the severity of occurrence (the possible injuries or damage to health that may occur if the potential risk happened); the likelihood of occurrence (an estimate of how likely it is that an accident or situation will happen); and the number of people at risk. Risk is calculated by multiplying the severity x likelihood x number of people, to arrive at a risk priority number (RPN).

RPNs are compared for each activity to determine the priority for action.

Elimination and prevention of risks are the preferred activities, with provision of personal protective equipment considered short-term measures. continued

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Safety and Storage Storage solutions play an important part in implementing waste

OSHA: YOUR PERSONAL SAFETY CONSULTANT Weeklysafety.com | October 23, 2018

elimination, one of the key pillars of

OSHA’s on-site

5S. Safety and good housekeeping

consultation

principles particularly are important

program is FREE and

when it comes to storage. An

confidential for small

effective storage solution gives the

and medium-sized

ability to store many items close to

businesses operating

the operation, and a visual labeling

across the U.S. Learn

system makes it easy, quick and safe

more about how

to store, find and retrieve items. The

you can use this free

ability to pull a drawer or shelf all

program to identify

the way out to retrieve items keeps

workplace hazards,

employees from placing themselves in

ensure compliance

an unsafe position and environment,

on your jobsites, and

while storage solutions free up floor

establish your health

space, eliminating tripping hazards and clutter and improve visual management.

Systems should be set up so everything has a place and readily is available when needed. Everything should be labeled and identified. Local storage minimizes travel time, and adjustable storage and workbenches make it easier to adapt to the differing needs of individual employees.

A clean, well-organized and safe work environment is, of course, an efficient and productive work environment.

A less obvious, but still important, aspect of lean is that it gets the employees involved throughout the process, engaging and challenging best practices, encouraging the employees to have a real sense of involvement and to work hard to maintain all the effort the team has invested.

References 1,2 http://www.epa.gov/lean/thinking/ fives.htm John Grover is director of lean manufacturing, Lista International.

and safety program.

One of the best benefits OSHA provides to small, medium or newly established businesses is a FREE safety consultation service. OSHA on-site consultation services are provided to companies who request the service, with priority given to highhazard worksites. This free service is available to small and medium businesses operating in the United States.

If you are reluctant to call OSHA to ask them to come to your company, please note these on-site consultation services are SEPARATE from the OSHA enforcement department and you will NOT get penalties or citations, even if things at your company aren’t quite perfect. If applicable, companies may even qualify for a one-year exemption from routine OSHA inspections by utilizing the free service. Your obligation is to make a commitment and follow through with correction of serious workplace safety and health hazards.

OSHA consultants are from state agencies and universities and work with employers to help identify workplace hazards.

The consultants provide advice on OSHA compliance standards and can also assist the company to set up health and safety programs that fit the business. continued

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employer who wishes to engage with this free service

On-Site Consultants Will: • Help you recognize hazards in your workplace.

• Suggest general approaches or options for solving a safety or health problem.

must request it. To start, visit OSHA’s Consultation Directory at osha.gov. Choose the state in which your company is located from the drop-down menu and the consultation division you need to contact will be provided immediately.

• Identify kinds of help available if you need

You do not need to enter any personal information to get this information.

further assistance.

• Provide you a written report summarizing findings.

• Assist you to develop or maintain an effective safety and health programs.

• Provide training and education for you and your employees.

To learn more about what happens during an on-site consultation, visit OSHA’s website at osha.gov to learn more about the process.

In 2017, OSHA's on-site consultation program conducted approximately 26,000 visits to small business worksites representing over 1.1 million workers across the nation.

On-Site Consultants Will Not:

Adding regular safety meetings to your company’s safety

• Issue citations or propose penalties for violations of

and health program is guaranteed to improve workplace safety, boost team morale, lower insurance premiums,

OSHA standards.

• Report possible violations to OSHA enforcement staff.

• Guarantee that your workplace will "pass" an OSHA inspection.

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

Because this consultation program is entirely voluntary,

OSHA’s compliance standards.

OSHA will not approach you about participating. Every

MIOSHA REPORTED FATALITIES The 28th reported Michigan worker death of 2018 occurred on October 8. Employers and employees are urged to use extreme care and safety diligence in all work activities. The information below shares preliminary details about the most recent fatality reported to the Michigan Occupational Safety and Health Administration (MIOSHA), which is believed to be covered by the MIOSH Act. The description reflects information provided to MIOSHA at the initial report of the incident and is not the result of the official MIOSHA investigation.

DATE

OCCUPATION

AGE

TYPE OF INJURY

DESCRIPTION

LOCATION (CITY)

A 60-year-old company owner was standing inside of the bucket of a front-loader. His foot slipped and he fell out of the bucket, approximately seven feet, onto a hard surface. EMS was called by his son, who was 10/08/18

Company Owner

60

Fall

onsite, and they immediately responded, transporting him to a local hospital. He was subsequently transferred to a different hospital out of

Menominee

state and died later that day. Based on medical records obtained from the medical examiner’s office, this was determined an accidental death due to the fall.

A 48-year-old laborer was struck by a 16-foot-long scaffold plank 10/20/18

Laborer

48

Struck By

while performing demolition activities. The scaffold plank fell from

Grand Rapids

approximately 90 feet above.

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INCENTIVE PROGRAMS, POST-INCIDENT DRUG TESTING NOT PROHIBITED UNDER ELECTRONIC RECORD KEEPING RULE, OSHA SAYS National Safety Council | October 17, 2018 Washington — Post-incident drug testing and safety incentive programs are not prohibited under the anti-retaliation provisions in OSHA’s electronic recordkeeping rule, the agency has clarified in an Oct. 11 memorandum sent to regional administrators and state designees.

As part of its Improve Tracking of Workplace Injuries and Illnesses final rule issued in May 2016, OSHA states in 29 CFR 1904.35 (b)(1)(iv) that employers “must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.”

In an October 2016 memo, OSHA explains that drug testing employees who report injuries or illnesses is prohibited unless an employer has an “objectively reasonable basis.” In addition, the agency will “only consider whether the drug test is capable of measuring impairment at the time the injury or illness occurred,” and will “consider this factor for tests that measure alcohol use,” but not tests for drug use.

According to the 2016 regulation’s preamble, “evidence in the rulemaking record shows that blanket post-incident drug testing policies deter proper reporting” and indicates employers might run afoul of the rule’s anti-retaliation provisions with such actions.

The most recent memo outlines five examples of acceptable drug testing, including the evaluation of

workers to use safe practices. However, if the programs are not structured carefully, they have the potential to discourage reporting.”

Incentive programs that seek reductions in the number of injuries and illnesses reported, or rate-based programs, are permissible if they do not discourage reporting, OSHA states in the Oct. 11 memo, adding that employers who withhold a prize because of an injury report are not in violation “as long as the employer has implemented adequate precautions to ensure that employees feel free to report an

“the root cause of a workplace incident that harmed or

injury or illness.”

could have harmed employees.” Under this circumstance,

Further, “an employer could avoid any inadvertent

employers who choose to test for drugs “should test all employees whose conduct could have contributed to the incident, not just employees who reported injuries.”

deterrent effects of a rate-based incentive program by taking positive steps to create a workplace culture that emphasizes safety, not just rates.” Examples provided in the

The other examples include random drug testing, testing

memo include:

unrelated to reporting an occupational injury or illness,

• Incentive programs rewarding employees for identifying

testing under state workers’ compensation laws, and testing under other federal law such as a Department of Transportation rule.

Incentives The 2016 final rule cautions that incentive programs “might be well-intentioned efforts by employers to encourage their

unsafe workplace conditions.

• Employee training programs that reinforce reporting rights and responsibilities and emphasize an organization’s anti-retaliation policy.

• Taking steps to accurately evaluate workers’ willingness to report injuries and illnesses. continued

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In a post on his “Confined Space” blog, former OSHA

to the local urgent care to have it sewed up, telling them

Deputy Assistant Secretary Jordan Barab questions how

that he did it while working on his car.

that would work, providing a possible scenario:

“Even if OSHA finds out that the incentive program caused

“A worker suffers a serious cut on his hand while working

the worker to hide the injury, the employer is now home

on an unguarded machine the day before the lottery for a

free if there was also a program that rewarded workers for

new riding mower ends,” Barab wrote. “Fearing that his co-

attending safety meetings that identify unsafe conditions in

workers will hate him for causing them to lose a chance for

the workplace.”

the prize, he sticks his bloody hand in his pocket and heads

FALL PROTECTION TIPS OSHA’S ANNUAL ‘TOP 10’ LIST OF MOST FREQUENTLY CITED VIOLATIONS National Safety Council | October 23, 2018 Houston — Fall Protection is OSHA’s most frequently cited standard for the eighth consecutive year, the agency and Safety+Health (S+H) announced Tuesday at the 2018 National Safety Council Congress & Expo.

Patrick Kapust, deputy director of OSHA’s Directorate of Enforcement Programs, presented preliminary data for OSHA’s Top 10 most-cited violations for fiscal year 2018, which ended Sept. 30. Kevin Druley, associate editor for S+H, moderated the session.

The top five violations remained unchanged for the fourth straight year, with Hazard Communication, Scaffolding, Respiratory Protection and Lockout/Tagout following Fall Protection, respectively.

Eye and Face Protection emerged as a newcomer, ranking 10th.

“The Top 10 represents the most frequently cited standards and they are a good place to start for the employer in identifying hazards in their own workplace," Kapust said during the presentation.

The full list: 1. Fall Protection – General Requirements (1926.501): 7,270 violations 2. Hazard Communication (1910.1200): 4,552 3. Scaffolding (1926.451): 3,336 4. Respiratory Protection (1910.134): 3,118 5. Lockout/Tagout (1910.147): 2,944 6. Ladders (1926.1053): 2,812 7. Powered Industrial Trucks (1910.178): 2,294 8. Fall Protection – Training Requirements (1926.503): 1,982 9. Machine Guarding (1910.212): 1,972 10. Eye and Face Protection (1926.102): 1,536 “Knowing how workers are hurt can go a long way toward keeping them safe,” NSC President and CEO Deborah A.P. Hersman said in an Oct. 23 press release. “The OSHA Top 10 list calls out areas that require increased vigilance to ensure everyone goes home safely each day.”

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