Wednesday, April 29, 2009

Nevada Worker Safety Training Proposal

On Monday, the San Jose Mercury News reported on a proposal in Nevada that all employees complete an OSHA 10 hour class and all supervisors complete a 30 hour class. Further, it would require that employers "drop" workers "who don't get the training in a timely manner."

This sounds like a great plan. But, original plan was to give employers 60 days to complete the training. And there is a proposed amendment that would reduce that 60 days to 15. When I'm wearing my safety hat, I should say that the training should be completed before they even begin working. But from a practical sense, this may not be practical.

Although I take no position against such a bill - I see it as job security for us safety guys - I do believe that the Nevada legislature's assessment of the cost of such training is flawed. While it is true that the cost of such courses ($130 and $300 respectively) is pretty close to accurate, their analysis did not account for the salaries of the employees while attending nor the cost in terms of production (or the lack thereof). Remember, if an employee is required by his employer to take these classes, they must do so during working hours (wages/hour and loss of production), or after hours (at overtime?). Unless, of course, we should visit these costs on the employee.

Before we enact these types of requirements, we need to do a valid assessment of the cost in terms of "unintended consequences." That said, once the bugs are worked out, this may be a great way to battle the "unintended consequences" of not educating our workforces. And, if it passes in Nevada, will it set a national trend? We should all be working towards these educational goals anyway. So, my advice is that we do it now - before it is "required" by legislation.

To read the article, click here.

Tuesday, April 28, 2009

Sorry for the "Hiatus"

I apologize for the lack of entry to this blog over the recent past. I have been having web access problems with my AT&T connection. They have been working on it, but have not been successful to date. I am on a "borrowed" connection now and hope to be back up soon.

In the meantime, here's a safety related comic strip for your amusement.

Tuesday, April 14, 2009

OSHA's New Budget

The American Industrial Hygiene Association (AIHA) reported last week that Congress finally passed its budget and OSHA's budget has increased to $513,042,000 for this fiscal year. According to AIHA, that's an increase over last year with most of the increase in the enforcement area.

Here's how it breaks down:
  • $17,204,000 for Federal Enforcement
  • $197,946,000 for State Programs
  • $92,593,000 for Technical Support
  • $22,632,000 for Compliance & Assistance Federal
  • $72,659 for State Consultation
  • $54,531,000 for Training Grants
  • $10,000,000 for Safety & Health Statistics
  • $34,128,000 Administration
  • $11,349,000 ??
"AIHA notes that language attached to the final 2009 budget states OSHA should spend more of this money on enforcement, improved recordkeeping, specific issues such as diacetyl, cranes and derricks, pandemic flu, ergonomics guidelines, silica, etc. "

Starting This Week, OSHA Has A New Boss - Sorta

While perusing the various safety publications that come across my desk every day, I found an interesting article in ISHN magazine regarding the newly appointed Deputy Assistant Secretary for OSHA - Jordan Barab. It has some interesting insight and, in case you haven't seen it yet, it is offered below in it's entirety, without comment from me.

April 9, 2009

Starting this Monday, OSHA has a new boss.

Labor Secretary Hilda Solis yesterday named House Education and Labor Committee senior policy advisor Jordan Barab as deputy assistant secretary for OSHA. Barab will also serve as acting assistant secretary for OSHA beginning Monday. Barab has worked for the committee for more than two years specializing in worker health and safety issues, according to a press released issued from Rep. George Miller's (D-CA) office. Miller chairs the House Education and Labor Committee.

Said Miller in the prepared statement: “Jordan will bring a tremendous amount of valuable health and safety experience to an agency that has been neglected for far too long. Throughout his career, Jordan has demonstrated the specialized knowledge of health and safety issues needed to revamp the agency and strengthen its efforts to protect Americans while on the job.”

Barab has had a long and varied career in Washington. Prior to joining the committee, he worked for four years at the U.S. Chemical Safety and Hazard Investigation Board. He served as special assistant to the assistant director of labor for OSHA from 1998 to 2001, and directed the safety and health program for the American Federation of State, County and Municipal Employees from 1982 to 1998. A native of Palos Verdes Estates, California, Barab is a 1975 graduate of Claremont McKenna College in California and received a Master's degree in International Relations from the Johns Hopkins University in 1978.

To expand on Barab’s background, consider these points:

1. Barab becomes the first blogger to head OSHA. From 2003 to 2007, he was the creator and author of the award-winning weblog, Confined Space.

2. Barab was point man for the ergonomics standard-setting work done during Charles Jeffress's tenure. In 1998, he was appointed a special assistant to the assistant secretary for OSHA, serving as national labor liaison, ergonomics coordinator and other duties.

3. He had this to say on his blog about the demise of the ergo standard in 2001:

"After 10 years of struggle, OSHA finally issued an ergonomics standard in November 2000. The Republican-controlled Congress, with virtually no debate, repealed those protections in March 2001. They used a little-known, and never-before-used law called the Congressional Review Act, a piece of legislation, tacked onto a larger bill way back in the early Gingrich years, a bomb lying dormant and unnoticed until it was activated when Bush Administration was selected.

No one knew until it was too late -- and millions of American workers now pay the price every year in painful disability. "

4. A couple of Barab soundbites, (of which there is no lack of) from his acceptance speech at the 2004 American Public Health Association meeting, upon receiving the Lorin Kerr award which “recognizes a younger activist for their sustained and outstanding efforts and dedication to improving the lives of workers.”:

"We need to have an American workforce that is already educated and pre-mobilized. So how do we spread the outrage, put back the tears and politicize workers? "

"We need to make it clear that the right to a safe workplace wasn’t bestowed upon us by concerned politicians or employers who were finally convinced that “Safety Pays.” The right to a safe workplace was won only after a long and bitter fight by workers, unions and public health advocates. It was soaked in the blood of hundreds of thousands of coal miners, factory and construction workers. And the current movement to transform the agency into nothing but a coordinator of voluntary alliances is a betrayal of that promise and those lives."

"While I was searching for the meaning of life the other day and I happened upon a list of Saul Alinsky’s rules for effective action. Two of them struck a note with me: 1. Ridicule is man's most potent weapon. 2. A good tactic is one that your people enjoy. "

Barab of course has a Facebook profile. He lists his favorite politicians: Barack Obama, Joe Biden, Democratic Party, Al Franken and Ted Kennedy. His favorite organizations: National Public Radio, Environmental Working Group, the Employee Free Choice Act, the Service Employees International Union, and the Center for American Progress. Favorite celebs: Bill Maher, George Orwell, Rachel Maddow, Arianna Huffington, Paul Krugman.

A final note: It seems awkward that Labor Secretary Solis has named a top deputy in the OSHA hierarchy (Barab) before filling the top job at OSHA. It’s like naming a deputy before the new sheriff comes to town. This leads some OSHA-watchers to believe Barab may transition from “acting” to “permanent” OSHA chief in the coming months.

One source disputes this, saying the front-runner for the OSHA chief job is David Michaels, PhD. MPH, research professor and interim chair of the Department of Environmental and Occupational Health at George Washington University. Michaels was assistant secretary of energy for environment, safety, and health under President Clinton. In a post he wrote for the blog “The Pump Handle,” Michael said: “(former OSHA boss) Mr. Foulke’s arguments are reminiscent of the climate change deniers who oppose government action on global warming, claiming the science is ‘not settled enough’ for OSHA to do what needs to be done. The agency’s claims about the number of new regulations published are also quite misleading.”

Michaels is also author of the book, “Doubt is Their Product: How Industry's Assault on Science Threatens Your Health” (Oxford University Press, 2008).

Saturday, April 11, 2009

Florida Suncoast Chapter ASSE Meets on the 16th

If you're going to be in Southwest Florida next week, think about attending the ASSE chapter meeting in Naples, Florida. This months meeting will be at Noon on Thursday, 16 April at Bucca di Beppo on the corner of US 41 and Vanderbilt Beach Road. Andy Jerant from the Collier County Red Cross will be speaking about Disaster Recovery.

If you're a safety pro, don't miss the opportunity to attend local chapter meetings when you are traveling. The Chapter in Southwest Florida is the best one I've seen with some great members. For more information about the chapter and this month's meeting, visit www.swf-asse.org.

OSHA Fines 2 Contractors in Scaffold Collapse

If you work in the construction industry in Florida, you may remember the headlines about a scaffold collapse on Florida's East Coast back in December. Well, OSHA's inspection finally resulted in fines for the two contractors involved - a total of $9,000.

According to an article in the Palm Beach Post, "OSHA said scaffolding was not put up under the oversight of a qualified scaffolding supervisor, frames were not properly braced, and some cross braces were removed by persons not competent to do so." That "qualified scaffolding supervisor" that they're talking about is what we call a "competent person." This is a HUGE problem! I can't tell you how often I see deficient scaffolding and it all comes down to lack of training and lack of oversight by a "competent person." Even the so-called "small" scaffolds used by stucco workers have to be inspected by a "competent person" BEFORE we put workers onto the scaffolding. Even the saw-horse supported scaffolds used in residential construction from time to time have to be inspected by a "competent person" BEFORE we put workers onto the scaffolds. Why is that so difficult to comprehend?

Anyway, when OSHA visited that site in Florida, they didn't just look at the scaffolding. According to the Palm Beach Post, the contractor "...
did not have in place proper instructions for workers in the use of respirators and both firms failed to provide adequate instruction in how to work with hazardous chemicals."

But, if we aren't careful, we lose sight of the real problem here. It's not the danger of a fine from OSHA - it's the danger of hurting or killing our fellow workers!

Saturday, April 4, 2009

This Can't End Well

It is my opinion that the single most important (and effective) thing that safety professionals do is "education & training." I'm not just talking about speaking at jobsite safety meetings, or teaching an OSHA 10 hour class, I'm also talking about the one-on-one training that occurs when we explain to a worker the reasons why he shouldn't stand on the top step of a ladder, or that his anchor point isn't adequate and then teach him/her to tie-off properly.

Or, we try to teach up - trying to explain to upper management the reason why we want to enforce a company rule that exceeds OSHA's minimum standard. Or how the safety program actually saves them money.

To that end, I am constantly on the look out for photos that help in that process. I always carry a camera (I think most safety pros do) and take lots of "how not to do it" photos, and a few "atta boy" photos. The most outrageous photos may win the "Nitwit of the Week" award. Many photos also appear in my powerpoint programs used in the classroom or at a refresher class in the job trailer. I also look for those humorous photos that often get e-mailed around to "spice up" my programs while getting a point across to attendees.

Well, a friend and fellow safety pro sent me one such photo last night. This photo will certainly make it into a section of my next OSHA 10 hour class. It's a great way to point out the importance of paying attention to what is going on around you because the other guy's behavior can have disasterous effects on your own health and safety.

I offer it below for your own use - I'm sure that you will find ways to use the photo and I'd be pleased if you would leave comments with other "captions" that you think might fit this photo as a training tool. Perhaps this is even a good photo for a "Motivational Poster."

Friday, April 3, 2009

Texas State House Proposes State Crane Certification

Well, here's another state that can't wait for OSHA to pass Crane Safety Reform Legislation. Texas HB 1807 was reported out of committee on 4/1/09 and will be scheduled for public comment. The bill itself isn't all that onerous, but their proposal to have crane operators, riggers and signal persons certified by 1/1/10 is just a little aggressive. Especially since there seems to be no companion bill in the Texas State Senate.

Another concern is for the necessity of the legislation. Not that we don't need meaningful crane safety rules, certification, etc., but OSHA is working on a national regulation for the same thing. Texas will run into some of the same problems as the national rulemaking - the lack of enough certification agencies to meet demand.

The other issue of concern is the need for State Legislation on this issue. What happens when OSHA's crane rules go into effect? If a crane operator is certified pursuant to the federal rules, will he/she have to get a state license too?

Anyway, it appears that the public hearing date for this Texas proposal has not yet been named. If you want to follow HB 1807's progress, click here.

Thursday, April 2, 2009

Report Faults OSHA?

There is a short article in the NY Times this morning that seems to indicate that OSHA didn't do it's job under the Bush Administration. Since the article is short, it appears as follows:

"The Bush administration failed to properly enforce worker health and safety laws designed to monitor employers with a history of violations, a report found. The Occupational Safety and Health Administration did not follow correct procedures in 97 percent of sampled cases in the Enhanced Enforcement Program, according to the report issued by the Office of Inspector General at the Labor Department. It recommended a task force be set up to improve the program to reduce the risk of death and injury at worksites with hazardous conditions."

But, I'm not sure that it's fair to OSHA. If you've been around the safety profession for very long, you know that Republican Administrations tend to favor business and Democratic Administrations favor labor. And, OSHA (like every other federal governmental department) takes it's cue from the boss - the President! So, in 2009, most of us have expected "stepped up enforcement." But from my perspective, these OSHA people have been doing a pretty good job. I don't always agree with them, but that's to be expected. And in defense of the previous administration's policies, the improved cooperative efforts have helped. The big stick approach is often necessary, but not always.

That said, I'd rather they visit some other employer's worksite. I'll call when I need help.

Wednesday, April 1, 2009

Squeeze Bacon? Now I've Heard Everything!


My friend and fellow safety professional sent me a hot-link to a website that sells Squeeze Bacon. Now I'm a pretty good eater - bacon being one of my favorite foods - but Squeeze Bacon? It seems hard to believe.

I guess I am going to have to try it, but I'm a little concerned about the fact that it has a useful shelf life of 12 years and doesn't require refrigeration (even after opening). The ad says that it's made from 100% bacon and each 21 oz. bottle is the equivalent of 64 slices of bacon. Mmmmm!

If you don't believe me, click here.

Fall Hazards Fined in Connecticut

OSHA has proposed $118,650 in fines against 4 Brothers Stucco Co., a Cleveland, Tenn., stucco contractor, for 15 alleged repeat and serious violations of safety standards at a Torrington, Conn., worksite.

OSHA's inspection found employees working on scaffolding, in an aerial lift and on the roof at the 492 East Main St. worksite, were exposed to falls of up to 22 feet. The inspection also identified electrical, overhead and chemical hazard communication deficiencies at the worksite.

"These sizable fines reflect both the seriousness and recurring nature of several of the conditions cited here," said C. William Freeman III, OSHA's area director in Hartford. "Keep in mind that falls are the number one killer in construction work and can occur in an instant. Be it a scaffold, an aerial lift or a roof, proper and effective fall protection must be in place and in use at all times."

Specifically, 4 Brothers, which also operates as VP Stucco Co. Inc., was issued six repeat citations, with $84,000 in proposed penalties, for no fall protection for employees in an aerial lift; lack of guardrails on the scaffold; employees climbing the scaffold's side and cross braces; employees not trained to recognize scaffold hazards; no protective helmets; and failing to have the scaffold erected and dismantled under the supervision of a competent person. OSHA cited the company in 2007 and 2008 for similar hazards at worksites in Concord, N.H., and Plainville, Conn.

The Torrington inspection also resulted in nine serious citations, with $34,650 in proposed penalties, for employees working on a roof without fall protection; an improperly supported scaffold; unguarded walkways between scaffolds; using an ungrounded extension cord to power a mixing drill; and lack of a hazard communication program, training, material safety data sheets, and protective gloves for employees working with cement and hazardous chemicals. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

It seems to me that this company just ignored safety altogether. Now I admit that "employee misconduct" can and does occur - and often! Every day, our superintendents and I, cut extension cords found without ground pins, remind workers to tie off, rant and rave about missing guardrails, etc. But come on - no MSDS? That can't be blamed on employee misconduct! No training? That can't be blamed on employee misconduct!

Thanks OSHA, for publishing these press releases. I like to pass them along just to show our subcontractors that I'm not the only one who beats them up about these things!

Florida House Passes Workers Comp Bill

The Fort Myers News-Press reports that the Florida House passed a controversial workers comp bill capping attorney fees. The bill is supposed to negate a Florida Supreme Court decision that said attorneys should be paid what they are worth.

“We need to do everything we can to enable employers to hire more workers and get our citizens and Florida working again,” said Rep. Anitere Flores, R-Miami, the bill’s sponsor. But, should a similar bill be passed in the Senate and ultimately signed by Governor Crist, the subject should turn up again in the State Supreme court. Will this help comp costs?

To read the entire article, click here.