Safety Net | December 2023

THE SAFETY NET L O C A T I O N C O NCSO U LNTSI NUGL T

D• ESIGN D & EESNIGGI NNE E R I N•G

E SGI GI N N -EBEURI L D ED N

DECEMBER 2023

IT’S ALWAYS SAFETY FIRST. R UNCSTTI R OU NC & TC O N T R A C T I N G • C O N SCTO

VOLUME 17 ISSUE 12

Safety Tips For Decorations to Keep the Holidays Festive WeeklySafety.com

SAFETY FIRST. The winter holiday season is a great time for festive decorations as friends, families, and co-workers come together for cherished annual traditions.

Austin employees have worked 5,948,083 hours without a Lost Time Accident through 10/2023.

• Make sure the tree is at least three feet away from any heat source, like fireplaces, radiators, candles, heat vents, lamps, or light fixtures.

If you choose to decorate with a freshly cut tree, it is important that it doesn’t become too dry while inside the home.

• Choose a tree with fresh, green needles that do not fall off when touched.

• Before placing the tree in the stand, cut 2” from the base of the trunk.

• Add water to the tree stand. Be sure to add water daily.

Get rid of the tree after Christmas or when it is dry.

• Dried-out trees are a fire danger and should not be left in the home or garage or placed outside against the home.

• Check with your local community to locate a recycling program.

If lit candles are used during the holidays, make sure to Following some important safety tips while decorating for

follow these safety tips:

the holidays is a great first step towards ensuring a happy

• Use candle holders that won’t tip over easily. Candle

occasion for everyone.

• Choose decorations that are flame resistant or flame retardant.

• Paper decorations can catch fire easily. Be sure to keep all decorations away from open flames and other heat sources like light bulbs and heaters.

• Ensure all the smoke alarms in the home are working.

As the weather cools and holiday activities begin, it’s a good idea to replace smoke alarm batteries.

• Keep exits clear of decorations, like the Christmas tree, so nothing blocks escape routes.

• If younger children or pets are in the home, or will be attending a holiday event, avoid decorations that are sharp, breakable, have small pieces, or resemble food or candy that could be accidentally swallowed.

HOLIDAY DECORATIONS As you decorate for the holiday season, keep fire safety in mind.

holders should be placed on a sturdy, uncluttered surface.

• Candle placement is important. Do not place candles in any location that a person would need to reach or bend over to get to something else. Keep your hair and any loose clothing away from the flame.

• For an even safer option, consider using flameless candles in your home instead.

According to the NFPA, December is the peak month for home candle fires.

• Keep candles away from curtains, decorations, and anything else that might be flammable.

• Keep children and pets away from lit candles. Keep matches and lighters up high in a locked cabinet.

• Never use lit candles to decorate a Christmas tree.

• Blow out lit candles when you leave the room or go to bed.

If a Hanukkah menorah or a Kwanzaa kinara is part of your holiday tradition, choose a safe location for it on a sturdy, non-flammable surface (like glass, metal, or marble) that

Although Christmas tree fires are not common, when they

can’t be accidentally bumped by anyone.

do occur, they are more likely to be serious. A small fire that

• Never place a candle holder that will hold lit candles

spreads to a Christmas tree can grow large very quickly.

• The most common causes of Christmas tree fires are caused by electrical problems or a heat source that is placed too close to the tree.

near or under any flammable materials like curtains, tapestries, or books.

Do not stand on furniture or any other object that is

Some holiday lights and lighted decorations are only safe

not meant for climbing on when hanging your holiday

for indoor or outdoor use, not both, so make sure the lights

decorations. Whether inside or outside, use the correct

you have are being used correctly.

ladder for the task.

• Replace any string of lights with worn or broken cords or

• To keep your balance, always maintain three points of contact—two hands and a foot or two feet and a hand—while climbing up or down a ladder.

• Always face the ladder when climbing. Don’t skip steps when climbing up or down.

• Be attentive to foot placement on each step and pay close attention to what you are doing. Exercise caution and look for every step.

• Don’t overreach. Keep your center of gravity, and your body, between the side rails. If you can’t easily reach what you need, climb down and move the ladder for easier and safe access to the project area.

• When using a step stool never place it on top of another object like a chair or a table. If additional height is required, use a ladder more suitable to the task that can be used safely.

• Ensure extension ladders are placed at a proper angle before climbing up and when in use. For every four feet high, the base of the extension ladder should be one foot out away from the wall or other surface it is

loose bulb connections.

• Read manufacturer’s instructions for the maximum number of light strands to connect safely. Do not overload electrical outlets with holiday lighting.

• Inspect power cords (every year!) to ensure there is no damage to the cord or insulation.

• Check the rating on your extension cords to make sure they meet the power needs for the way they are being used.

• Use clips, not nails, to hang lights so the cords do not get damaged.

• Outdoor extension cords, lights, and decorations should be plugged into outlets protected by ground fault circuit interrupters (GFCIs) or into portable outdoor GFCIs. • Turn off all Christmas tree lights, light strings, and any other lighted decorations before leaving home or going to bed.

• Bring outdoor electrical lights inside after the holidays to prevent hazards and to make them last longer.

leaning against.

• While hanging decorations, if a ladder must be set up in front of a door, make sure the door is locked, blocked open, or properly guarded.

3

Home Fire Safety WeeklySafety.com Smoke alarms are a key part of a home fire evacuation

• Make a home escape plan. It helps to actually draw a

plan, and they should be installed and maintained in

map of your home showing all the doors and windows.

every home.

Then, practice the plan with everyone in your household.

• When there is a fire, smoke spreads fast and working

• Teach children how to escape on their own in

smoke alarms give an early warning so everyone can

case an adult is not able to get to them during an

get out of the house quickly.

emergency situation.

• According to the NFPA, about 3 out of every 5 fire

• Make sure all doors and windows leading outside can

deaths happen in homes that did not have working

open easily and ensure everyone in the household is

smoke alarms.

able to open windows, remove screens, and unlock

Install smoke alarms in every bedroom, outside each

doors in the event of a fire.

separate sleeping area, and on every level of the home,

As part of the emergency escape plan, designate an

including in the basement. Larger homes may need extra

outside meeting place located a safe distance in front of

smoke alarms.

the home.

• Smoke alarms should be installed on the ceiling or high

The meeting area should be:

on a wall.

• To reduce false alarms while cooking, keep the nearest smoke alarm to the kitchen at least 10 feet away from the stove.

Plan Ahead! If a fire breaks out in your home, you may have only a few minutes to get out safely once the smoke alarm sounds. Everyone needs to know what to do and where to go if there is a fire.

• Next to something permanent that is easy to remember, like a tree, a light pole, or a mailbox.

• A safe area to stand – possibly near a streetlight, but not near or on the street.

• Where emergency personnel can easily find you after they arrive on the scene.

If there is a fire, or the smoke alarm sounds, get out and stay out. Go to the outside meeting place and call 911 or the fire department.

• As you leave, close doors behind you.

• Smoke is poisonous. If you must escape through smoke, get low and go under the smoke to your way out.

• If pets are trapped inside, tell the firefighters as soon as they arrive. Never re-enter a burning building.

Every room and area of the home should have two ways out.

• Before you open an interior door to make your escape, feel the doorknob and then the door. If either feels hot, leave the door closed and use the second way out.

• If there is smoke coming in from around the door, leave the door closed and use your second way out.

The NFPA recommends, that as a general rule, fighting fires should be left to the professional firefighters. Fire extinguishers are meant for putting out small fires or used to help escape from the area, not firefighting large out-ofcontrol fires.

• Only those who are trained or know how to use a portable fire extinguisher should use one.

• Portable fire extinguishers should be placed in the home so that a person does not have to travel more than 40 feet, or travel up or down the stairs, to reach one.

• Portable fire extinguishers for the home should have a rating of at least 2-A:10B. Before trying to put out or contain a fire, be sure that: • You know how to use the fire extinguisher and it is the correct type.

• Everyone else is leaving the home and someone is calling the fire department.

• The fire is small, confined, and not spreading.

• You have a clear escape route and will not be overcome by smoke or toxic fumes.

If the fire does not go out after using one extinguisher, back out of the area, close the door if possible, and get safely outside and call 911, or the fire department.

Additional home fire safety tips: • Test smoke alarms at least once a month using the test button and replace all smoke alarms every 10 years.

Working smoke alarms save lives.

• Make sure everyone in the home understands the sound of the smoke alarm and knows how to respond.

• Have a plan for everyone in your home who has a disability or will need assistance during an evacuation.

• It is best if your house number can be seen from the street during the day and at night. Emergency personnel should be able to quickly find the house.

• Consider sleeping with bedroom doors closed. A closed door may slow the spread of smoke, heat, and fire and allow occupants more time to react and escape during a house fire.

• The NFPA recommends installing interconnected smoke alarms. When one smoke alarm sounds, they all sound, ensuring everyone in the house hears the alarm at the first opportunity.

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Deep Fried Turkey WeeklySafety.com The holidays is a wonderful time to gather with friends and

• Keep matches, lighters, candles and knives out of the

family, eat delicious food, watch football, and travel to visit

reach of children; keep children away from the stove.

loved ones. While enjoying the holiday, it is important to always keep safety in mind.

Top safety hazards during the holiday include:

FIRE Kitchen fires, candles and outdoor deep fryers.

FOOD Choking and poisoning, cuts and burns during food preparation.

• Keep baking soda and a household fire extinguisher on hand to put out kitchen fires.

• Follow all instructions carefully when using a deep fryer and monitor closely!

• Always wash your hands after handling raw or undercooked poultry.

• Use separate cutting boards for raw meat and produce to prevent cross-contamination.

TRAVEL

• Cook the turkey thoroughly.

Car accidents, driving while intoxicated or distracted.

• Buckle up, every trip.

Remember these tips to have an enjoyable and safe holiday:

• Make sure your vehicle is well maintained.

• Do not leave food cooking unsupervised.

• Carry an emergency kit in the car.

• Make sure smoke alarms are working.

• No texting while driving.

• Ensure the kitchen floor is kept clear.

• Plan your route ahead of time; check the weather.

America’s Safest Companies 2023: Jordan Foster Construction 08.02.2023 | EHS Today Mental health awareness is a priority at this

as a safe place to help women who want to continue to

construction company.

navigate the road less traveled in our industry.”

Jordan Foster Construction | Construction | El Paso, TX

Being proactive is part of the culture at JFC. When taking

700 employees | 4 sites | 10 EHS professionals

on a new project the safety team collaborates with the

Addressing challenging workforce situations is difficult even in the best of times, particularly for construction companies, so Jordan Foster Construction has developed specific programs to anticipate the psychological needs of their employees.

“With the construction industry being so affected by suicide rates, we have answered the call to make mental health awareness a priority,” notes Asma Bayunus, the company’s EHS operations manager. Their efforts include pooling the resources of a lead mental health advocate, field safety leaders and the entire safety department to promote the importance of mental health awareness. “We implement standards via toolbox talks, safety bytes (mini videos), and in company training. We have an Employee Assistance Program as well as an on-staff pastor. Also, we have a hard hat sticker which identifies our Mental First Aid-trained employees, whom others can go to for assistance in finding help for their concerns.”

Another labor-related focus of the company is to be inclusive. “As our industry is ever-evolving we work hard to broaden the scope of inclusion,” says Bayunus. “Our women’s leadership committee is a diverse group who work in all areas of the company, and this committee serves

project team to analyze tasks, drawings and construction specifications in order to determine where they might encounter project safety issues.

“We plan for safety during the preconstruction process, allowing us to stay ahead of the safety issues,” explains Bayunus. “In the rush of the bidding process to complete pricing and other information to meet a bid deadline, some contractors can put digging into the safety aspects of a project on the back burner during preconstruction, but JFC looks at all the safety variables from the beginning.

We use technology during preconstruction, looking at how something will be built with an eye toward what could go wrong, incorporating a better way into the plan, and mitigating the risk.”

Their organizational structure reflects the close tie between risk and safety and in fact, they have merged risk management and EHS in one department. “This allows us to promote the insurance and safety initiatives with clarity from the beginning to end,” she notes.

“Our EHS department is the gatekeeper and movers and shakers of change within the company,” says Bayunus. “We lead the way in implementation, education and promotion of much needed support opportunities to create a safer and more inclusive environment.”

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From Crisis to Control: Managing Workplace SIF Events as an Employer 07.2023 | Ideagen Serious Injuries and Fatalities (SIFs) in the workplace can have far-reaching consequences, affecting the individual and families, colleagues, and the company’s bottom line. This article explores how companies can prepare for SIF events and minimize their destructive consequences, thereby protecting their employees and themselves.

PREPARING FOR SIFS SIF events can inflict substantial harm on both individuals and businesses. The consequences may range from loss of life or permanent disability to emotional trauma, lost productivity, legal and financial penalties, and erosion of trust and confidence in the business. To mitigate the devastating impact of Serious Injuries and Fatalities (SIF) events on individuals and businesses, it is crucial for companies to have a well-planned and executed response ready.

When preparing for SIF events, companies should prioritize several areas:

EMERGENCY RESPONSE DRILLS Emergency response drills serve several crucial functions that help organizations prepare for SIF events. Drills familiarize employees with emergency procedures, ensuring they know what to do and how to react during an emergency. This familiarity can reduce confusion and panic, which makes a significant difference in the speed and efficiency of the response, potentially minimizing the severity of injuries and saving lives. Including the local fire department and emergency responders in workplace SIF events through drills and exercises not only ensures preparedness but also fosters a stronger relationship between the company and these crucial first responders.

By actively engaging them, the responders gain valuable familiarity with the building, its unique environment, and the capabilities they may encounter during an actual emergency, enhancing their ability to respond effectively and efficiently.

Emergency drills allow companies to test the effectiveness

• Is social media actively monitored during SIF events to

of their emergency response plans in a controlled

stay informed about public sentiment and address any

environment. Practicing helps identify gaps, weaknesses, or

misinformation promptly?

areas for improvement in the plan, enabling the company to make necessary adjustments before an incident occurs.

QUESTIONS TO ASK: • Does the company have a well-defined emergency response plan (ERP)?

REGULATORS AND LAW ENFORCEMENT Companies must recognize that a SIF event can draw significant attention, including from authorities, and must be ready to cooperate. For instance, OSHA may initiate an investigation involving employee interviews and

• Does the company consistently drill and practice the ERP?

equipment testing.

• Was the surrounding area considered when creating the ERP?

Additionally, depending on the gravity of the incident,

• Does the ERP include potential scenarios that may occur?

law enforcement may intervene and consider the work site a crime scene. Companies should expect a thorough

• Is the ERP audited and updated regularly?

examination of their processes and procedures throughout

MEDIA TRAINING AND COMMUNICATIONS

this process.

Effective media communication is crucial when preparing for a SIF event because these events may bring significant media attention to the company.

Designated personnel who have undergone media training can correctly communicate with the media, ensuring accurate information is shared while

As authorities investigate, they may uncover information that casts the company in a negative light. To stay ahead of things, companies should also conduct an internal investigation to identify potential contributing factors.

Properly preparing to engage with authorities can help minimize legal liabilities and negative publicity while

safeguarding the organization’s reputation.

safeguarding a company’s reputation and success.

Concise inter-company communication helps maintain

QUESTIONS TO ASK:

clear, timely, consistent messaging throughout the

• Is it clearly defined who within the company will interact

organization. For instance, the company needs to

with law enforcement and regulators, and is that person

inform employees promptly about potential risks and

trained to do so?

any relevant updates in case of a serious incident.

Strong internal communication ensures everyone is on the same page, minimizing confusion and facilitating a coordinated response.

A robust communication plan helps maintain trust and confidence among employees, stakeholders, and the public. By demonstrating transparency and effective crisis management, a company can mitigate the

• Does your company have a well-defined and executed EHS management system that prioritizes worker safety and regulatory compliance?

• Are records and documentation that a law enforcement agency or regulatory may request easily accessible?

• Do those documents only include relevant, requested information, no more and no less?

negative impact on its reputation, customer relations, and investor confidence.

QUESTIONS TO ASK: • Is leadership trained to speak with the media during a SIF, and is someone always available onsite?

• Do employees practice their media skills during emergency response drills in different SIF scenarios?

• Does the company have a communication plan with a mechanism to promptly notify employees of potential risks?

• Are all contact lists accurate and updated regularly? ...continued on next page 9

IMPACT ON PROCESSES AND PRODUCTIVITY

QUESTIONS TO ASK:

A SIF event can negatively impact a company’s

• How will the company deal with the emotional toll of a

operations and productivity in several ways. One significant factor is facility shutdowns, which may be

SIF, so employees feel ready to return to work?

• Are company lawyers briefed on the potential for SIF

required for investigations, repairs, or addressing safety

events, and do they have a game plan for dealing with

concerns. These shutdowns can disrupt production

them effectively?

schedules and lead to lost revenue.

Employee morale and productivity may suffer due to the emotional toll on workers and their families, especially if they feel the workplace is unsafe. This can lead to increased absenteeism and turnover, further

• Does the company have a contingency plan to continue operating if regulators shut it down for investigation?

• How will the company address any damage to its reputation amongst clients, employees, and the public?

affecting productivity.

HOW IDEAGEN EHS CAN HELP

The aftermath of a SIF can damage a company’s

Serious Injury and Fatality (SIF) events in the workplace

reputation, causing a loss of trust among employees and

can have catastrophic consequences for individuals and

the community. This decline in trust can result in decreased

businesses. However, by planning for the worst, companies

customer and investor confidence, leading to long-term

can minimize the damage from a SIF event, protect their

financial consequences.

employees and reputation, and ensure business continuity.

Finally, legal liabilities and insurance claims associated

EHS software is a powerful tool in the fight against SIFs.

with the SIF event can burden a company financially,

It helps companies proactively reduce SIF likelihood by

diverting resources away from operations and hindering

analyzing data patterns, tracking safety inspections, and

overall productivity.

monitoring regulatory compliance, leading to new safety policies, training programs, and targeted improvements.

DOL Honors Employers Who Hire Those Who Keep Us Safe 10.10.2023 | EHS Today More than 850 employers were recognized for understanding “that tapping into the unique skills and talents of our veterans helps to strengthen their organizations and power our nation’s economic growth.”

The U.S. Department of Labor today announced earlier this week that 859 employers from across the country were recipients of its 2023 Honoring Investments in Recruiting and Employing American Military Veterans Medallion Award.

The award recognize employers for their commitment to supporting U.S. military veterans in the civilian workforce.

Acting Secretary Julie Su and Assistant Secretary for Veterans’ Employment and Training James Rodriguez announced the 2023 HIRE Vets Medallion Award recipients and offered congratulatory remarks during an online ceremony. The event also featured award recipients who shared how their organizations support veterans in the civilian workforce.

“The U.S. Department of Labor applauds the commitment that HIRE Vets Medallion Award recipients show by employing, retaining and supporting our nation’s veterans,” said Acting Secretary of Labor Julie Su, in a statement. “Congratulations to the more than 850 award recipients who understand that tapping into the unique skills and talents of our veterans helps to strengthen their organizations and power our nation’s economic growth.”

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NIOSH Advice on Supporting an Aging Workforce 10.30.2023 | EHS Today In 2001, only 1 out of every 7 workers was 55 or older; by

know-how, reliability, work ethic, professionalism, and

2021, the number jumped to 1 out of every 4 workers.

loyalty, among other good qualities, according to aNIOSH

As older workers remain in the workforce, employers are

blog. “ This can help the company run more efficiently and

devising ways to best accommodate these workers. The National Institute for Occupational Safety(NIOSH) has a

even save money.⁴ Hiring and keeping older workers could also lessen upcoming labor shortages expected to occur in

division called, The National Center for Productive Aging

certain industries in the coming years.”

and Work, which is part of its Total Worker Health Program.

NIOSH explored the myths about this population and an

The center operates as a hub that conducts original

excerpt of this follows”

research, fosters collaborations, and offers expert guidance to support an aging workforce.

The presences of these older employees is more prevalent that most people realize. In 2001, only about 1 out of every 7 U.S. workers was 55 or older. By 2021, the number jumped

MYTHS ABOUT OLDER WORKERS DON’T MATCH REALITY Misconceptions about older workers are common. Here are some common myths and the facts that dispel them:

to almost 1 out of every 4 workers (a 93% increase).

• Myth: Older workers are often sick.

There are many reasons for why this is the case. Some are

• Reality: Older workers might have some health issues

there due to financial needs. Others are working past a

like high blood pressure, high cholesterol, and muscle

typical retirement age due to the increase in the Social

pain, but these rarely affect job performance. Safe work

Security full retirement age. Needing health insurance is

practices and workplace safety programs can help

another reason.

workers maintain their health by lessening their chance

But there are also more positive reasons such as enjoying their jobs and being around their friends at work.

And the companies benefit from this demographic of work as “ older workers bring a lot to the table: experience,

of being injured. Programs that focus on well-being at work can help all workers stay healthier.⁷ One bonus of a healthier workforce could be lower health insurance premiums for employers and employees alike.

• Myth: Older workers can’t think as clearly as they used to.

• Reality: As people age, their built-up knowledge, often called “crystallized intelligence,” usually improves.

Employers value this because it often leads to better job performance. This kind of intelligence may become more important as jobs focus more on services and

Myths like these may make some employers think older workers have too many drawbacks. In fact, companies can make the most of an older workforce’s skills.

Employers who want to keep talented older workers should think about the needs of both the worker and the workplace. For instance, they can offer flexible work schedules, match tasks to a worker’s abilities, and

information. Complex work can also help older workers

promote a safe and ergonomic environment.

maintain their memory and brain function. A variety of

The Total Worker Health concept encourages employers to

tasks can offer similar benefits.

consider steps such as these:

• Myth: Older workers are not as safe at work.

• Reality: Older workers usually follow safety rules and have fewer non-fatal injuries at work than younger workers. This could be because they understand the value of safety measures and are more likely to follow them. However, older workers are more likely to be killed

WORK FLEXIBILITY AND TASK DESIGN • Allow flexible work options. Give workers a say in choosing their work schedules, tasks, organization, and work locations when possible.

• Fit tasks to workers’ skills and abilities.

on the job from serious work-related incidents. While

• Use self-paced tasks and breaks. Limit repetitive work.

these happen less often, preventative measures should

WORKPLACE HEALTH AND SAFETY

always be followed.

• Myth: Older workers are expensive to keep.

• Reality: Although employing older workers can cost more in salary and benefits because of their experience and senior roles, the real impact on employers is small.4,5 Hiring and training new staff is expensive. Older workers are more likely to stay in their current jobs, helping employers save the time and money usually

• Make the workspace ergonomic. This covers adjustable seating, proper lighting, and reducing screen glare.

• Reduce long periods of sitting. Offer sit/stand desks and walking workstations for those who usually sit. Urge workers to move and stretch during the day. Provide options for exercising onsite or suggest affordable community activities.

spent on recruiting and training. These savings can

• Address hazards that are known to affect older workers,

balance out the higher pay for some older workers.

such as noise, slips and trips, and physical hazards. These

• Myth: Older workers don’t like change • Reality: Being open to change can help achieve work goals. Workers at all ages can resist change, but studies suggest older workers may be more open to change than young workers. Older workers often have more experience dealing with organizational shifts, making them better at adapting.

• Myth: Older workers are less productive.

• Reality: Productivity is different for everyone, regardless

hazards can be more severe for an older workforce.

TEAM DYNAMICS AND SKILL DEVELOPMENT • Form age-diverse teams. This adds a more complete set of skills and viewpoints and can challenge agerelated stereotypes. Age-diverse teams may be able to identify age-associated problems and suggest workplace solutions.

• Invest in ongoing training for all ages. This enhances skill levels and helps workers adapt to new technology.

of age. For example, a worker’s age doesn’t affect their main job tasks. Older workers often help and cooperate with colleagues and supervisors more, which is known as organizational citizenship. They are also less likely to misuse company time and resource. They can often guide and mentor new employees, helping them to learn faster and preserve company knowledge. Both younger and older workers can benefit from one another’s skills.

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Why Aren’t We Marketing EHS as the Valuable Career It Is? 11.16.2023 | EHS Today Some of the best ideas in safety are coming from the

their day difficult and what challenges they face and how I

newest to join the profession.

can make their lives easier.”

Whenever I interview safety professionals, I feel the passion

And it turned out that the safety profession met those

they have for their job and how proud they are to be in this

needs. But she feels that the profession doesn’t highlight its

profession. And then I wonder why this profession isn’t on

best features. “I don’t think the profession really promotes

the top of the list for every young worker.

the reality of the job, which is that about 75% of the time,

Cally Edgren, senior director of sustainability at Assent,

I’m working with people and helping them get home safely.

an industry veteran with 20 years of experience in safety

The technical side of things are less a part of the job than

leadership at manufacturing companies, knows why, and

many people might think.”

more importantly, what to do about it. “It’s time for the

To Cahoon and many of her generation, helping people

EHS community to share the story that the profession has

expands beyond the “walls” of the building and is a driving

broader social implications and that we need to get out of

force when choosing a profession. The company she chose

the old mindset that our job is only to keep our company

offers a few days off per year to do community projects.

and workers safe.”

“We are given the choice of what organizations we work

So, I sought out a young worker to get her take on this.

with, including non-profits, local service organizations and

Maggie Cahoon is a health and safety specialist with Haley

educational institutions.”

& Aldrich who has been in the field since 2020. And already,

Again, those days of service in the community weren’t

the passion for her work shines through.

included in the recruiting pitch. It showed up during the

“I firmly believe that safety is one of the best professions as

discussion around the benefit package.

it allows you to interact on a day-to-day basis with people

This is a miscalculation, Cahoon points out. “When you

and really make an impact on someone’s life,” she said.

present your organization as one that does good for the

In college she wanted to find a profession where she could

community, your company has a better reputation, which

“meet with people and talk with them about what makes

makes it more attractive and can lead to more business

opportunities. That attraction is also felt internally. Post-

which includes a well-defined connection to the outside

pandemic, doing things in the community together gave

world—need to be considered.

our employees an internal sense of community that helps

Across the conversations that I have had with EHS

with retention.”

professionals, I have seen an emphasis on the connection

Of course, it’s the culture that dictates whether an

to the larger community. What’s sometimes missing is the

organization can provide the service aspect of the job

vocalization to potential employees as to the progress that

that the younger generation wants. Having leadership

is being made and how EHS is an ideal career.

that is open to new views is essential. Cahoon believes

If companies would spend more time talking to young EHS

that companies need to move away from the attitude that the way we have always done things is the way we need to do them in the future. Younger workers’ methods of work and their preferred work environment—

professionals, like Cahoon, they would understand that the dedication that they have to the field is clearly present in the next generation.

15

OSHA Seeks to Add Union Reps to Inspections 11.15.2023 | EHS Today Agency also announces alliance with NLRB to

employee requested them. Think of environmental activists

promote unionization.

opposed to the use of fossil fuels seeking entry to a refinery,

The Occupational Safety and Health Administration (OSHA)

he suggested.

has proposed a rule that would allow employees to request

OSHA originally attempted to create this policy during

that a non-governmental third party—which could be a

the Obama administration, but it was later reversed when

representative from a labor union—to join an OSHA safety

President Trump was in office. The Occupational Safety

inspection of a non-union employer’s facility.

and Health Act (OSH Act), OSHA’s enabling law, allows

In a separate development, OSHA and the National Labor

a representative of the employer and a representative

Relations Board (NLRB) also announced that they have

authorized by employees to join OSHA officials during a

entered into a formal agreement to work together closely,

workplace inspection.

coordinating their activities in a manner that promotes

Although the law states that the employee-authorized

unionization of the workforce.

representative shall be an employee of the employer, it also

Commenting on the OSHA proposal to allow employees

says the agency’s safety inspector can allow a third-party

and agency inspectors to choose third parties, such as union representatives, to accompany the inspectors when they walk around employer facilities, Marc Freedman, vice president, employment policy for the U.S. Chamber of

representative “such as an industrial hygienist or a safety engineer” to accompany the inspection if they determine good cause is shown that this is reasonably necessary, note attorneys Melanie Paul, Jonathan Spitz and Lorien

Commerce, said, “Without question, if OSHA moves forward

Schoenstedt of the Jackson Lewis law firm.

with this regulation, the agency will be making clear its

The new proposed rule would amend the OSH Act to

agenda is no longer focused on improving workplace

clarify that, “for the purpose of the walkaround inspection,

safety but on promoting organized labor.”

the representative authorized by employees may be an

In addition, he stressed that if the new rule is adopted as

employee of the employer, or, when they are reasonably

proposed, it would open the door to other parties with a grievance against the employer to be allowed in if an

necessary to aid in the inspection, a third party.” OSHA says the clarification will “ensure employees are able to select

trusted and knowledgeable representatives of their choice,

The NLRB already has signed off on a series of MOUs with

leading to more effective inspections.”

other federal agencies , including the Federal Trade

If its rulemaking proposal is adopted, OSHA explains that

Commission and the Department of Labor’s Wage and

employees in workplaces without collective bargaining agreements will be able to designate a representative from “a worker advocacy group, community organization or

Hour Division and the Office of Labor-Management Standards as part of its ongoing interagency coordination initiative to promote a whole-of-government approach to

labor union” to fulfill the role of being their representative in

enforcement of labor laws, targeting nonunion employers.

an OSHA inspection.”

NLRB General Counsel Jennifer Abruzzo and OSHA Chief

The rule’s goal is to focus on the “knowledge, skills, or

Doug Parker suggested that this MOU is critical in bolstering

experience of the individual, rather than their professional discipline,” OSHA states. The proposed rule doesn’t cite

protections needed for workers who choose to speak out about unsafe working conditions so they can do so without

union representatives as the only example of potential

a fear of retaliation.

third-party representatives; others named by the agency

The MOU lays out protocols for the exchange of information

include translators or representatives of local safety councils

between the agencies, as well as worker outreach, which

or worker advocacy organizations.

includes OSHA providing potential victims of alleged unfair

Under the rule, employers are still entitled to request that

labor practices with the NLRB’s contact information. OSHA

certain areas of the facility, particularly those containing trade secrets, be kept off-limits to designated employee

also will advise employees who file time-barred official complaints with the agency that they may still file an unfair

representatives who do not work in that specific area of

labor charge with the NLRB for another six months.

the workplace.

Under the agreement, the NLRB will be sharing

The proposed rule can be expected to generate sharp

information with OSHA regarding workers who are

criticism from employers concerned with the extraordinarily broad range of third parties who might be allowed entry into their facilities during an OSHA inspection, point out the Jackson Lewis attorneys.

While the rule could provide an entry point for union representatives to organize workers, concerns also have been raised about the proposal leaving that kind of decision to the discretion of individual OSHA inspectors in the field.

When it is eventually adopted as a final rule—a process which could take a year or longer—it will apply only in those states where federal OSHA exercises direct jurisdiction over employers. In the 22 states that have their own state OSHA programs covering private employers, it will be up to them to decide whether they wish to adopt a similar rule. It seems likely that those states that are decidedly pro-union, like

currently or likely exposed to health or safety hazards, or to suspected violations of OSHA regulations, along with encouraging those workers to contact OSHA promptly.

The MOU also includes provisions for protecting the confidentiality and information security of any data shared between the agencies.

What should be of special interest to employers is that the MOU envisions opportunities for the NLRB and OSHA to conduct coordinated investigations and inspections “in appropriate cases and to the extent allowable under law.”

In cases where there are overlapping statutory violations at issue, the agencies agree to “explore and confer” regarding what enforcement actions are appropriate for each agency to undertake.

The MOU also does not provide for or require notice to an employer or other providing party when the information

California, and Washington, will do just that.

is shared, point out attorneys for the Littler Mendelson law

OSHA AND NLRB LINK UP

to one agency is provided to the other.”

firm. “Employers should assume that information provided

In another development, OSHA and the NLRB reported

The agreement also describes in detail how each

entering into a Memorandum of Understanding (MOU) that

agency will provide reciprocal training and education to

further signals their commitment to promoting unionization

appropriate personnel from the other agency. For example,

through blending enforcement of safety and labor laws.

the NLRB will train OSHA personnel on what constitutes

As both agencies put it when they announced it, the

protected concerted activity by employees and what is

agreement will “strengthen the agencies’ partnership to

considered an unfair labor practice (ULP) under federal

promote safe and healthy workplaces through protecting

labor law.

worker voice.”

...continued on next page 17

In turn, OSHA will train NLRB personnel on OSHA

The MOU went into effect immediately after it was made

standards, recordkeeping and reporting regulations,

public on Oct. 31 and expires five years from the effective

the general duty clause, and employee rights under the

date unless it is superseded before then.

OSH Act. Under the MOU, the agencies will also engage

The Littler Mendelson attorneys warn employers that they

in joint public engagement, outreach and education in person and on social media regarding the laws that each agency enforces.

Although state OSHA plan agencies are not directly impacted by the terms of the MOU, the agreement suggests that they are expected to respond to referrals from the NLRB concerning potential violations of state OSHA plan regulations and will be encouraged to participate in the training and information-sharing activities developed and agreed to by the agencies.

should make sure their clients’ management is trained on the anti-retaliation provisions contained in the OSH Act and the National Labor Relations Act. They also note that OSHA and NLRB signed a similar MOU in January 2017; however, we can expect increased activity under the agencies’ most recent MOU in light of the Biden Administration Task Force on Worker Organizing and Empowerment’s February 2022 report and executive order directing federal agencies to work together in supporting union organizing and collective bargaining efforts.

TOP OSHA Citations by Industry 09.21.2023 | Safety Plus OSHA, or the Occupational Safety and Health

tagout), machine guarding, and respiratory protection.

Administration, is a government agency that enforces

Hazardous energy control refers to procedures used to

workplace safety regulations in the United States. One

ensure that machinery or equipment is de-energized and

of their primary functions is to conduct inspections of

cannot be started up accidentally during maintenance

workplaces to ensure compliance with these regulations.

or servicing. Failure to properly control hazardous energy

When violations are found, OSHA can issue citations and

can result in serious injuries or death. Machine guarding

penalties. In this blog post, we will explore the top OSHA

violations typically involve inadequate or missing guards

citations by high-risk industry.

on machinery, which can result in workers being caught in

CONSTRUCTION INDUSTRY:

or struck by moving parts. Respiratory protection violations often involve failure to properly fit, use, or maintain

The construction industry is one of the highest-risk

respiratory protection equipment, which can result in

industries for workplace injuries and fatalities. The top

respiratory illness or injury.

OSHA citations for the construction industry include fall protection, scaffolding, and ladders. Falls are the leading cause of death in construction, accounting for about one-third of all fatalities. OSHA requires that employers provide fall protection equipment and training to all employees working at heights of six feet or more.

Scaffolding and ladder violations typically involve inadequate or improper use of the equipment, which can lead to falls or other injuries.

MANUFACTURING INDUSTRY: The manufacturing industry also has a high rate of workplace injuries and fatalities. The top OSHA citations for this industry include hazardous energy control (lockout/ ...continued on next page 19

employers provide training and protective equipment to employees who may be exposed to blood or other potentially infectious materials. Hazard communication violations often involve failure to properly label hazardous materials or provide employees with adequate information about the hazards of the materials they are working with.

Respiratory protection violations in healthcare typically involve failure to provide employees with appropriate respiratory protection equipment when working with infectious or hazardous materials.

Workplace safety is essential for all industries, but some industries are inherently more hazardous than others.

OSHA citations can help employers identify areas of their operations where they need to improve safety practices and procedures. The top OSHA citations by high-risk industry are just a few examples of the types of hazards

TRANSPORTATION INDUSTRY: The transportation industry includes a variety of businesses, from trucking companies to airlines to public transportation providers. The top OSHA citations for this industry include powered industrial trucks (forklifts), hazard communication, and fall protection. Forklift violations typically involve inadequate training or use of the equipment, which can result in serious injuries or death.

Hazard communication violations in transportation often involve failure to properly label hazardous materials being transported or failure to provide adequate information about the hazards of the materials. Fall protection violations in transportation typically involve working at heights, such as on top of a truck or bus, without proper fall protection equipment or training.

HEALTHCARE INDUSTRY: The healthcare industry is not typically thought of as a high-risk industry, but it has its share of workplace hazards. The top OSHA citations for this industry include bloodborne pathogens, hazard communication, and respiratory protection. Bloodborne pathogens are infectious microorganisms that can be transmitted through contact with blood or other bodily fluids. OSHA requires that

that workers face every day. Employers must take steps to protect their workers from these hazards, including providing training, appropriate equipment, and clear communication about the risks they face on the job.

Schedule a one-time or regularly-reoccurring site audit today with Safety Plus or sign up for SafetyPlusWeb to help identify and correct safety hazards before they become another costly OSHA citation.