Keeping the Enemy from the Gates: Preventing an OSHA Visit

The best way to prevent an OSHA is to never have an accident and never have a recordable injury. Actually the best way is to not have a company... but short of that here are my tips on how you can make your work environment a MUCH safer place.

• Realize that safety is an ATTITUDE THAT STARTS AT THE TOP! Key executives must have an awareness of safety and enforce safety as a priority. If they do not then why should anyone else down the line. If employees see an executive, the plant manager, the department manager, the shift supervisor or the HR representative walk past an unguarded machine, a discharged fire extinguisher, a wet spot on the floor or any other safety hazard and not do anything about it then a BIG "I DON'T CARE" has been broadcast. A good safety program will pay for itself in reduced workers' compensation claims. So $$$$ to the bottomline may help foster the attitude. But if that doesn't work you can make your executives realize that they may now be held personally liable for safety violations that cause injury or death and pay hefty fines and go to jail. In jail most executives would not be on the top rung of the ladder, more likely they would be Bubba's b***h.
• Have a good, well trained, active Safety Committee. This committee would typically have someone from each department who could report on safety issues for their department. Education is important. They need to understand the safety issues involved with the work they do so they can accurately report what needs to be corrected. Make sure whoever is in charge of maintenance is on this committee. Much of what needs to be worked on involves the maintenance department. Have the committee also trained to watch for unsafe acts of fellow employees. Ideally they would also be empowered to point out these acts as they occur, but "politics" may hinder that. So have a method for them to report these violations. It is a good idea to periodically rotate new members onto the safety committee. The good thing about this is that eventually everyone receives safety training.
• Conduct periodic inspections. When I was with Printpack the HR Manager conducted a monthly safety inspection. If you have no one trained to do this, correct it. Also, many industry associations or insurance companies will have a risk management or safety professional that can be enlisted to do annual or semi-annual inspections. Even if you have no one trained, managers and supervisors using common sense can do periodic inspections. The major issue in conducting inspections is to be committed to correcting errors found. If you don't make corrections and then later have a major loss the record of your inspections that went unheeded can work against you. A resulting "willful" violation may be the result. Also, follow up each accident with an investigation.
• Know and abide by the OSHA standards. This is particularly true of the recordkeeping and training requirements. The law requires that you keep records up to date of accidents, illnesses, lost-time injuries, and the training that people have received. If an OSHA inspector walks in the door these records are often the first thing they review. If they are not up to date you receive a violation and it goes downhill from there. OSHA Compliance Guide 18e, available from Amazon, can provide you with some guidance. Additionally, the if you belong to an industry association you may be able to get guidance specifically applicable to your company.
• TRAIN, TRAIN, TRAIN! Train your managers and supervisors, but also train your employees. The training that is necessary is not only on how to safely conduct their work, but also on what their rights and responsabilities are regarding safety. They need to know where the posters are, they need to know what they say (thus you may need to translate them) and they need to know where the OSHA 300 Log is posted. If you are ever inspected they may be asked these questions by the inspector. There are many safety regulations that require periodic training renewal, such as forklift training. Or the Hazard Communication program, which requires retraining every time a new material is added. Yeah, I know it can be a pain in the butt, however, it will save money in the long run. More importantly it may save someone's life. The result of an accident investigation makes a great training lesson.
• DISCIPLINE, DISCIPLINE. Correcting machinery issues does not eliminate safety problems. People still do stupid things. Unsafe acts need to be corrected immediately, and in some cases harshly in order to send a message. Do not let employees become habitual violaters, it will end up costing them and you in the end. I have had to pull people from machinery as a result of "short cuts" that were unsafe acts. Document these disciplinary actions.

Jared Shelly, of Human Resource Executive magazine published a post yesterday (not sure if mine on the New Sheriff in Town was the inspiration) that dealt with OSHA. If you want a further take on this you can read his post at Preparing for Stepped-Up Enforcement. 

Safety is not just for industrial sites. Office safety is critical as well. OSHA will be putting a new emphasis on ergonomics and muscular-skeletal disorders. So proper lifting, sitting and working methods are important. I have seen serious back injuries from lifting boxes and I have seen fingers cut off in papercutters. 

To conclude SAFETY IS AN ATTITUDE AS MUCH AS AN ACT. Keeping people safe is critical. There is nothing worse than having to face a family and having to explain why their loved one is hurt or not coming home. If you want to bring that home watch the news about the mine disaster. I would not want to be an executive in that company.  

OSHA: "A New Sheriff In Town"

In a speech to the American Bar Association in March 2010, Assistant Secretary of Labor for Occuaptional Safety and Health, David Michaels said "I know that by now you've all heard Secretary Solis describe DOL under this Administration as the "new sheriff in town." This is not an abstract wish; it is a stern description of how OSHA is now working - and I take this phrase seriously."


OSHA has taken a much more intense and "gonna get you" approach to dealing with employers. Michaels went on to further comment "First and foremost, we will emphasize strong enforcement - as evidenced in our record-breaking $84.7 million citation against BP Texas City, and the sharp increase in our egregious cases." He then added "If the threat of a fine isn't enough, we have other ways to drive home the point that employers need to obey the law." (My emphasis). To emphasis the point he stated "...we conducted the first-ever vehicle seizure in an OSHA whistleblower case..."
 
According to attorneys at Seyfarth Shaw much of what OSHA administers may now have criminal implications. Injuries may now be indictable and employer representatives and executives may now be subject to criminal prosecution. They number of citations will be stepped up in the "willful" catagories and fines will be increased substantially.
 
A company's liability under the Multi-employer Workplace Doctrine will increase. As an employer using outside contracting companies in your facility you will now be responsible for the safety training of those employees. Failure to provide this training is a violation and may be deemed a willful violation.
 
The general duty clause will take on broader meaning to allow OSHA to cover anything not specifically covered in the regulations. Ergonomics will become a bigger issue.
 
Michael's further states in his speech.. So, you can expect to see us moving, to the extent we can, toward higher penalties, not only to send a message to those employers who neglect their workplace responsibilities, but also to those employers who need reminding that a safe workplace is not something to think about only when it's convenient - when you have the time and money - but every day."
 
So, are you feeling that target on your back getting bigger?
 
Tomorrow I will conclude the week with some tips on what you can do to prevent or mitigate a visit from an OSHA inspector.

HR and the Leading Causes of Work-related Deaths

Despite the title this is not about HR being the leading cause of death in the workplace, though I would bet I am not the only HR manager who at one point has wanted to eliminate a troublesome employee. No this is a post about actual, regretable, hopefully preventable causes of death in the workplace. I was reminded of this in hearing the news story about the toll booth operator in the San Francisco area who was allegedly shot to death by an estranged boyfriend just the other day. The boyfriend, who also is suspected of having killed a bus driver in the same location, has been captured. This poor woman was a victim of the LEADING cause of death for women in the workplace, MURDER, according to SafetyResource.org. He knew just where to find her and did so. And that is the issue. Men who want to do violence to the women in there lifes know when and where they are if the woman has a job.

Also according to SafetyResource.org murder in general is the second leading cause of work-related deaths behind traffic accidents.

Workplace violence unfortunately become a fact of life especially when domestic violence spills over into the workplace. There are a number of things that can be done and for those of you that are SHRM members there is an entire toolkit that I recommend you look at. But here is some general advice taken from the introduction to that SHRM toolkit I think is quite sound.

• Train managers and supervisors on the early warning signs of potential violence, what the policy is, and how to address those warning signs.


• Implement a comprehensive workplace violence prevention program that includes a policy setting the framework and guidelines for dealing with workplace violence.


• Communicate with employees that the company wants to know when there are threats or incidents and that it is serious about handling those problems.


• Periodic risk assessments should be part of the prevention policy to determine what and where your company’s vulnerabilities are – both inside and outside of the workplace. Tie assessments to safety audits to identify problems early.


• Implement access control on a regular basis. It can take various forms, including sign-in sheets and a camera system.


• Make it clear there is a reason for security procedures and that precautions extend to even persons familiar to the employer, such as an employee’s family members or friends.


• Identify to all employees the “go to” point person or office for communicating any potential workplace violence threat or concern.
  

Perhaps some such policy or commuication might have saved this poor toll booth attendant, perhaps not. But by implementing guidelines HR might have a hand in saving a life. And if you do nothing else of value in your HR career that is enough.

OSHA Gears Up! Jobs, Enforcement and Guidance

In a press release from April 28th, Labor Secretary Hilda Solis said "...
through the American Recovery and Reinvestment Act to improve America's infrastructure and put Americans to work, the Labor Department's Occupational Safety and Health Administration (OSHA) will receive economic recovery funds it will direct toward enhanced and targeted enforcement; technical assistance, guidance, training and outreach; and construction data collection."

Well based on the DOL job openings announcement I received by email today it appears the money is already being spent. The vast majority of jobs listed (click on the link for the listing) are for positions in OSHA. Specialists, investigators, lead inspectors, program assistants, engineers and more.

This is a double-edged sword. On the good side this means good jobs for people interested in the safety field. Some of these pay over $85,000. And it means longevity. And benefits. So if you are interested in a career with the government check it out.

The other edge means that the enhanced enforcement becomes a big possibility. So if safety is a concern for your organization you had better prepare. But OSHA does help. Here is the Field Operations Manual that provides guidance to all investigators. You can wade through all 329 pages to see what you need to do.

The More Things Change, the More They Stay the Same.

I was reviewing some old files and happened to come across an article on HR Trends for 2002, that appeared in a January 8, 2002 issue of HRNext. This got me focused on the "FUTURE" by looking at the past. I feel it is important for all HR professionals to keep up on trends. You need to be a "futurist" of sorts, and I would like to be one for real. So the next three blog posts will be focused on trends and the future. Today's post will discuss the first half of HRNext's 2002 article and how those trends are playing today. Tomorrow's post will discuss the second half of the article. Then Wednesday I will take my own stab what will be happening in HR after January 1, 2009.

So back to 2002. Here is trend #1 from HRNext.

"HR More Important, Strategic. In the midst of an ongoing recession, companies will need more than ever to pay close attention to the bottom line. As a large portion of any company's expenses is related to personnel, HR departments will be asked to play a more strategic and prominent role in company decisions. HR managers will be asked to closely align HR to company objectives. "

This is an "oh-so-familiar" refrain. I am not sure how successfully we have accomplished this in the past 7 years. We still preach this, we still write articles about this and we all hope that this has occurred but I am not sure we have progressed too much beyond this hope. It is however as important today as it was in a 2002 recession. Hopefully the years of teaching this in class has had an impact and HR is functioning on a strategic level. It certainly does point out the importance of paying attention to the economy as part of environmental scanning. I think I will put Paul Krugman's column on my reading list.

Trend #2

Staff reductions and other cost containment. As companies layoff employees, leave positions unfilled and make other cost reductions to try and stay afloat during the economic recession, it will be up to the HR department to implement the reductions, assist terminated employees and keep the retained workforce motivated and content. HR mangers will be asked to contribute ideas on how the company can continue to minimize expenses.

Well this has not changed! I don't really see this as a trend but as an ongoing duty of HR. I do believe that the recent meltdown will make this permanent part of all managment practices. Keeping staff trimmed yet motivated and retained regardless of how "fat" the times are.

Trend #3

Containing the cost of health care benefits. (I abbreviated this one.)

When will this not be a trend??? "Nuff said."

Trend #4

Workplace security and safety. Everyone is taking this issue very seriously since Sept. 11, as company leaders realize they will need more than a simple evacuation plan in place. HR managers will be developing thorough plans and policies designed to keep employees safe and the workplace secure. Workplace violence will also continue to be a concern.

In the days that followed Sept. 11, 2001 this was a major concern. Today the terrorism aspect of work safety has diminished, but workplace violence and domestic violence spilling into the workplace has increased. This is an area the HR needs to be continually vigilant to. Violence to female employees often comes from their home life and will often have an impact on other employees as well. It points out the importance of a good EAP.

Trend #5

Leave issues. FMLA continues to be a concern to HR managers, as companies try to make do with fewer employees. Also, military leave issues are top-of-mind in many companies, as the war on terrorism continues and more employees are called to serve.

This has not changed much since 2002 either. FMLA continues to be difficult to deal with as the law gets new definitions and amendments. With the loosening of the rules surrounding the ADA there will be an impact on FMLA leaves.

As you can see, 2008 looks alot like 2002. Tomorrow the remaining Trends of 2002.

Make September 11th Safety Day!

I am certain there are many blog posts today remembering the attacks on September 11, 2001. I think this one might have a different twist. In the days and weeks that followed that terrible day I listened to story after story of the personal stories of pain, uncertainty, terrible certainty, and heroism that followed.

One story really hit me and every year around this time it comes to mind. It was the story of one office in one of the towers. The company in that office made it a regular habit to practice fire drills. They had just practiced one the previous week. As a result of that experience, when the planes hit and the alarms went off, this group of people calmly got everyone in their office out of the building. Additionally, they were able to assist two or three disabled individuals out of the building as well. I remember the president of the company saying he was glad they had done the practice and he was grateful he did not have to call any families to tell them a family member had died.

This was a very powerful story to me. I am sorry I do not remember the name of the company. But I do think of it every September 11th. I have Incorporated this into my HR classes that I teach. I tell my students that I think one of the best ways they can remember that day is to make it SAFETY DAY.

So I give that same advice to you. On this day practice a fire drill. Make sure all your fire extinguishers are in working order. Make sure everyone knows where to meet after they evacuate the building. If you have a large facility have the fire department out to tour the building so they know it and have a plan for it. Commemorate this day by making your workplace safer.

You will be grateful that you do not have to call a family and tell them their love one had died in a disaster at your place of work.

No Conventional Wisdom Here: Study Finds Wednesday is Most Unsafe Day

The conventional wisdom in most HR and Management circles is that employees are not at their best on Mondays and Fridays. Supposedly recovering from the weekend on Monday and looking forward to the weekend on Friday. Most executives think the middle of the week is the most productive. Productivity is one issue, but safety is another. A new study has shown that Wednesday is the most unsafe day of the week. This study took a look at government workers in Georgia and found that there are more accidents reported on Wednesday than on any other day of the week. Fridays had the fewest reports. So the "weekend distraction" did not seem to have any effect on working safely.

What are the possible reasons? Well the study suggests that the reason Friday appears to be the safest is that fewer workers may be on the job as a result of flextime. Fewer workers equals fewer accident reports. Perhaps that is the same reason Monday is not the highest day of the week. And it is likely that with flextime you will have the MOST employees on the job on Wednesday and hence have a higher likelihood of an accident report.

Beyond flextime, what might be some other reasons? Is there midweek fatigue? Is there too much work trying to be shoved into too little time and thus people get distracted? Possibly, but I think in this study it is tied to the flextime schedule.

How about all of you. Anyone notice an accident trend in your workplace?