Key Findings from the Study

• 9.4% drop in injury claims at workplaces in the four years following an inspection
• 26% average savings on workers’ compensation costs compared to similar, non-inspected companies
• $355,000 average savings for an employer (small or large) as a result of an OSHA inspection
• $6 billion estimated savings to employers nationwide

As researchers David Levine, Michael Toffel, and Matthew Johnson explain, “The benefits of a randomized safety inspection appear to be substantial.  These results do not support the hypothesis that OSHA regulations and inspections on average have little value in improving health and safety.” Furthermore, the researchers found “no evidence that these improvements came at the expense of employment, sales, credit ratings, or firm survival.”

Dr. David Michaels responded strongly to the study,  ”I have been promoting that message since I became head of the Occupational Safety and Health Administration almost three years ago. It is supported by empirical evidence—and now—it’s been confirmed by a peer-reviewed study published in Science, one of the world’s top scientific journals. Not only that, the new study, conducted by professors at the University of California and Harvard Business School, shows that OSHA inspections save billions of dollars for employers through reduced workers compensation costs.”  OSHA’s full response to the study.

Read the entire study here.  “Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss,”

Missouri Chamber pleased with passage of workers’ compensation reform that protects Missouri workers

Yesterday, the Missouri Senate passed legislation, House Bill 1540, on a unanimous vote and was adopted by the House with a vote of 122-29.  The bill was sponsored by Rep. Tim Jones specifies that an employee subject to workers’ compensation provisions must be released from all liability for personal injury or death to a co-employee due to an accident or occupational disease.

Following reforms to the workers’ compensation system in 2005, the courts began interpreting the law in such a way that co-workers were no longer protected as the exclusive remedy for workplace accidents.  Already, millions of dollars in lawsuits and settlements have been paid out as more and more trial attorneys find ways to leverage this loophole.

This comes at a crucial time as the Missouri Chamber has heard reports of trial attorneys using the loophole to go after the personal assets of co-workers of employees who were killed at a Joplin business during last year’s tornado.

“Every possession that these individuals own that wasn’t taken by the tornado is now at risk due to a flaw in the law that trial attorneys are using to get rich,” said Daniel P. Mehan, Missouri Chamber president and CEO.  “We are getting pleas from businesses that are being bankrupted by a rash of co-employee lawsuits, but reports of this flaw and the tornado being used to line the pockets of lawyers on the backs of innocent workers reaches an all-new low,” Mehan said.

“Workers’ compensation served as the exclusive remedy for co-employees for decades until the changes to the law in 2005,” Rich AuBuchon, general counsel for the Missouri Chamber of Commerce and Industry, said.  “This loophole puts Missouri workers in the crosshairs of trial attorneys seeking big payouts for a cause of action that was not intended to exist.  No employee should be forced to worry about losing their home to a lawsuit based on an unintentional workplace accident.  The passage of this legislation will protect employees and employers throughout Missouri.”

The passage of this legislation was extremely difficult.  Despite this success other critical issues impacting our workers’ compensation system remain including a loophole that allows employees to sue in court for compensation of occupational disease in addition to receiving workers compensation benefits.  Also, Missouri’s insolvent Second Injury Fund remains unresolved.  The Missouri Chamber of Commerce and Industry will continue to work on these issues but with only three days left in the 2012 Legislative Session the issues remaining may not be resolved this year.

Currently OSHA has no regulation on how often you must have safety meetings. However, there are regulations that require training on a scheduled basis such as Bloodborne Pathogens (29 CFR 1910.1030) training, which is required annually.

Other general industry standards that require annual training include:

• Asbestos—29 CFR 1910.1001
• Exposure and Medical Records—29 CFR 1910.1020
• Fire Brigades—29 CFR 1910.156 (quarterly training required for interior structural firefighters
• Fire Extinguishers—29 CFR 1910.157
• Fixed Fire Extinguisher Systems—29 CFR 1910.160
• Grain Handling—29 CFR 1910.272
• HAZWOPER—29 CFR 1910.120
• Machine Guarding—29 CFR 1910.217 and 218
• Noise—29 CFR 1910.95
• Respiratory Protection—29 CFR 1910.134
• Toxic Substances—29 CFR 1910.1003, 1017,1018, 1025-1029, 1043, 1045-1048, 1050

Then there are two standards that require training every 3 years: Process Safety Management (29 CFR 1910.119) and Powered Industrial Trucks (29 CFR 1910.178).  For more information on OSHA required training visit the OSHA website, or contact me directly at learningsolutions@occutec.com.

However sometimes the same safety meetings that occur time after time lose some of the spark as an effective training tool.  We’ve all been to safety meetings that missed the mark—topics were not pertinent, sessions ran too long, disorganization ruled.  We have all experienced times when the safety training was forgotten as soon as the meeting was over.

It’s too important to just give up though.  Employee’s lives and fortune depend upon their knowledge and attitude about job site safety.  One seemingly silly accident can quickly ruin a company financially as well, and for the remaining employees it can certainly alter their quality of life.  It is in every worker’s interest to protect their savings and earning potential as well as their life and health.

Tips for Effective Safety Meetings

• Carefully time the length of meetings.  If you hold meetings once a month, keep the length at 30-45 minutes; once a week, keep it 30 minutes or less with 20 minutes as the ideal length. The longest meetings should run no more than an hour.
• For construction work, have short, informal tailgate safety meetings of 5, 10, or 15 minutes before work once a week, with a longer talk at least once a month or at the start of each phase of the construction project.
• Schedule topics over a long period—a year is most common.  The schedule provides reasonable deadlines for the trainer and helps others plan their working days.
• Select meeting topics on the basis of 1) a review of the most recent types of accidents and near-accidents, 2) related corporate safety goals, 3) any particular subjects that need to be covered from a legal or insurance standpoint, and 4) your basic list of safety topics to be reviewed.
• Have the senior management person at the location open the meeting and sit in—it’s a sign of commitment.

Without constant reminders about safety, we tend to forget, get sloppy, take risks, and have accidents.  Safety meetings are a great refresher and can keep you abreast of changes in the regulations, safety procedures, equipment, personal protective equipment (PPE) and job assignments, and responsibilities.  Refresher training is also sometimes required by OSHA and having a pre-planned weekly meeting is a convenient way to go over required training.

• An informed culture*: one in which those who manage and operate the system have current knowledge about the human, technical, organisational and environmental factors that determine the safety of the system as a whole,
• A reporting culture*: a culture in which people are willing to report errors and near misses,
• A just culture*: a culture of ‘no blame’ where an atmosphere of trust is present and people are encouraged or even rewarded for providing essential safety-related information- but where there is also a clear line between acceptable and unacceptable behavior,
• A flexible culture*: which can take different forms but is characterized as shifting from the conventional hierarchical mode to a flatter professional structure.
• A learning culture*: the willingness and the competence to draw the right conclusions from its safety information system, and the will to implement major reforms when the need is indicated.

*Reason, J.T. (1997) Managing the Risks of Organisational Accidents

Taken together these five characteristics help form a culture of trust and of informed collective.  Of course trust is needed, especially in the face of assaults upon the beliefs that people are trying their best,  such as accidents and near-miss incidents which all too easily look like failures of individuals.  Informed people know what is really happening, lessening the chance of mistakes.  These and other critical elements help us to identify what beliefs are associated with a safety culture and will ultimately help reduce the frequency of accidents/incidents.

According to OSHA this change will affect over 40 million workers in about 5 million workplaces. The change to GHS was a long time in coming and necessary as the global chemical business is more than a $1.7 trillion per year enterprise. In the U.S., chemicals are more than a $450 billion business and exports are greater than $80 billion per year. Existing laws and regulations are currently different enough to require multiple labels for the same product both within the U.S. and in international trade and requiring multiple safety data sheets for the same product in international trade. Several U.S. regulatory agencies and various countries also have different requirements for hazard definitions as well as for information to be included on labels or material safety data sheets. GHS effectively establishes agreed hazard classification and communication provisions with explanatory information on how to apply the system worldwide.

It is important to remember that GHS itself is not a regulation or a standard. The GHS Document (referred to as “The Purple Book”) is simply a mechanism to meet the basic requirements of any hazard communication system, which is to decide if the chemical product produced and/or supplied is hazardous and to prepare a label and/or Safety Data Sheet as appropriate. OSHA’s HCS will incorporate the needed elements of GHS to make international trade and commerce easier.

Of course with change comes the need for training. Employers will need to have trained their employees regarding the new label elements and safety data sheets format by December 1, 2013 with full implementation of GHS taking place December 1, 2015.

OSHA has published a side-by-side comparison of the current HCS with the new GHS elements incorporated which can be found here.  If you need more information or training contact me,  I’d be happy to help you find the needed resources.

4-Year GHS Compliance Transition Period

The Most Overlooked Paragraph in the OSHA Standards

Several months ago I was reading posts made by members in one of the many social networking groups I belong to that are dedicated to occupational health and safety matters. The original discussion question inquired about the regulations that should be applied to workers who were not wearing fall protection harnesses while spreading metal decking…(read more).

Don’t Overlook OSHA’s “Unscheduled” Refresher Training Requirements

When I conduct mock-OSHA inspections for companies, we spend a lot of time focusing on their employee safety training efforts. What we typically find is that most employers provide a new employee safety orientation to get the newbies up to speed on the mandatory OSHA topics…(read more).

Beware – Where Behavior Based Safety Programs and OSHA Standards Collide

Occasionally a company that has implemented an OSHA compliance program asks me for recommendations to help them “go to the next level” and “exceed OSHA compliance”. Often times I recommend they look into implementing a behavior based safety (BBS) program to compliment what they have in place. Many of you in the safety profession already know what a behavior based safety program is…(read more)

Training should be viewed as a business value for your organization. There are measurable and hidden qualities that determine the health and well-being of an organization, drive decision-making for all work activities, and attract investors. A well trained workforce is definitely a quality that your organization needs to succeed.

Five ways you can increase the payback of your training dollars

• Make training on ongoing process, and reassess training needs frequently to make sure you’re meeting today’s needs, not yesterday’s.
• Encourage employees to talk about their training needs and request additional training.
• Provide employees with opportunities to use newly learned skills on the job.
• Make sure your training is comprehensive, interesting, and interactive, and gives employees the chance to practice new skills in a safe setting.
• Send employees back to work with learning aids such as checklists, step-by-step instructions, and safety reminders that help them safely and effectively transfer newly learned skills to their job.

New changes to the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard are bringing the United States into alignment with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

Major changes to the Hazard Communication Standard:

• Hazard classification: Chemical manufacturers and importers are required to determine the hazards of the chemicals they produce or import. Hazard classification under the new, updated standard provides specific criteria to address health and physical hazards as well as classification of chemical mixtures.
• Labels: Chemical manufacturers and importers must provide a label that includes a signal word, pictogram, hazard statement, and precautionary statement for each hazard class and category.
• Safety Data Sheets: The new format requires 16 specific sections, ensuring consistency in presentation of important protection information.
• Information and training: To facilitate understanding of the new system, the new standard requires that workers be trained by December 1, 2013 on the new label elements and safety data sheet format, in addition to the current training requirements.

Changes from the Proposed to the Final Rule: OSHA reviewed the record and revised the Final Rule in response to the comments submitted. Major changes include:

• Maintaining the disclosure of exposure limits (Threshold Limit Values [TLVs]) established by the American Conference of Governmental Industrial
• Hygienists (ACGIH) and carcinogen status from nationally and internationally recognized lists of carcinogens on the safety data sheets;
• Clarification that the borders of pictograms must be red on the label;
• Flexibility regarding the required precautionary and hazard statements to allow label preparers to consolidate and/or eliminate inappropriate or redundant statements; and
• Longer deadlines for full implementation of the standard (see the chart below):

What you need to do and when:

• Chemical users: Continue to update safety data sheets when new ones become available, provide training on the new label elements and update hazard communication programs if new hazards are identified.
• Chemical Producers: Review hazard information for all chemicals produced or imported, classify chemicals according to the new classification criteria, and update labels and safety data sheets.

* This date coincides with the European Union implementation date for classification of mixtures.

During the transition period to the effective completion dates noted in the standard, chemical manufacturers, importers, distributors and employers may comply with either 29 CFR 1910.1200 (the final standard), the current standard or both.

The final rule revising the standard is available at http://s.dol.gov/P1*.

I thought for sure my friend was having a mid-life crisis or worse he thought I might be having a crisis.  I left that lunch not really answering the question, at least not to myself.  Oh, I replied the usual answers we all give, family and relationships, etc.  But later after more reflection I came to the unexpected conclusion that it wasn’t just my family and personal relationships that drive me, but that I absolutely love what I do and I hold a strong conviction that environmental, health and safety is one of the most important, challenging, and respectable professions available.  I started to write down some of the challenges that I haven’t been able to fully solve or overcome within EHS.   Just that simple act of writing them down in front of me:  there they were staring at me still fighting with me.  Well that got my competitive juices flowing and I immediately wanted more than ever to meet these challenges and solve them once and for all.

As a EHS professional, or any professional, if you want to succeed in something you are not fully engaged in you are doomed to fail.  I realized that my friend must have sensed that I haven’t been as fully engaged as I usually am and he decided to challenge me on it.   So in turn I am challenging you!  What are you passionate about?  If you want to be happy you need to make sure you are getting something from your career choice beyond the paycheck.  Whether its personal growth, working to a common purpose, or being part of a larger process you need to take time to celebrate the successes you have and repeat them when you can.  Being engaged in your work means having fun and being enthusiastic about it.  It is not acceptable to simply be satisfied with your job if you really want to succeed and be happy.

Whenever possible, do something that really charges you up.  If having face-to-face time with the front line employees leave you with a feeling of accomplishment, make time in your schedule to do more of that.  If training employees on hazard awareness helps you feel like you are making a difference, then try to do more of that.  Don’t mistake this with only doing the things that are easy or fun, but definitely make time for them.

Quick Tips for Happy Engaged People

• Remember the most important skill you will ever have or learn will come from a true desire to help others.
• Find intrinsic enjoyment in your work;  if you can’t, maybe you need a change.
• Invest the time and resources to stay current in your industry.
• Your relationships with management and labor have the biggest impact on your success.  Nurture those relationships!
• Top performance requires time to rest.  Don’t beat yourself up for downtime.  Rest and relaxation helps recharge your batteries.
• Show genuine gratitude to your support team.  This includes anyone who has a hand in your success.