During my time working with managers in general industry and construction, the biggest fear they face from a regulatory standpoint is OSHA showing up unannounced. Hefty fines, plant shut-downs, and jail time are just a few of the things that drive this fear. These are the horror stories that are highly publicized in the media and in the fear-based marketing of safety services that attracts the highest attention from managers in the workforce. The truth is, OSHA visits are highly unlikely overall and if there are findings, OSHA frequently takes good-faith efforts into account when levying fines.
Just because a knock on the door by OSHA is unlikely does not make it impossible. There are a few surefire ways to earn a visit by a compliance officer. Though the plant closures, jail time, and crushing fines are only extreme cases, having an OSHA compliance officer onsite rarely bodes well for a company. Rarely do employers avoid fines altogether, and everything found during an inspection becomes a matter of public record; visible by customers, employees, and community leaders. It is best to stay ahead of OSHA and develop a solid compliance plan before having to control the damage of non-compliance.
Your employees have much more power than you think. That machine guard that Joe the assembly line worker complained about 6 months ago still hasn’t been repaired. Joe is fed-up, every time he brings a safety issue to his supervisor’s attention it falls on deaf ears. Maybe if Joe files a complaint with OSHA, his concerns will finally be recognized and fixed.
An employee complaint is the number one way to have OSHA come knocking. Employee complaints are taken very seriously by OSHA, as it is generally an indicator of bigger compliance issues at a company. OSHA gives priority to employee complaints and each one is investigated provided a clear violation of a standard is proven. Once onsite, if the compliance officer sees other violations of OSHA standards he/she is required to investigate further. One complaint can open a can of worms no company wants to deal with.
Companies can prevent employee complaints to OSHA by implementing a formal reporting process for safety hazards for their employees, but it doesn’t stop there. Employers should also give priority to correcting these hazards within a reasonable timeframe. Soliciting feedback on how to best correct the hazard by key stakeholders, widely communicating the hazard, and communicating what action was taken to correct the hazard creates a culture of trust between the company and its employees. This system fosters goodwill which prevents employees feeling compelled to complain to third-parties.
OSHA Report – Life, Limb, or Eyesight
In 2015, OSHA instituted an update to their reporting rule. Prior to this update, fatalities had to be reported to OSHA within 8-hours or in-patient hospitalizations of 3 or more employees within 24-hours. The most recent rule maintains the fatality reporting requirement, but adds that all work-related in-patient hospitalizations, amputations, or loss of eyes be reported to OSHA within 24-hours. These incidents are given higher priority than employee complaints as a hazard has come to fruition and severely injured or killed an employee. OSHA has taken the stance that in these events, intervention is warranted to protect the workers of the company. More than likely, you will see an OSHA compliance officer following a life, limb, or eyesight event.
Assessing the hazards of a company’s processes and machinery is important in preventing serious injury or loss of life. Once these hazards have been discovered and evaluated, the company must develop a clear plan for short-term and long-term hazard control. In the real world, shutting down a process or company is not realistic. Therefore, a short-term control should be put in place while the resources, time, and thought can be put to a long-term solution to eliminate or reduce the hazard.
If you are familiar with the Hierarchy of Controls, good short-term controls include administrative controls (signage, work rules, training) and personal protective equipment (gloves, hardhats, eyewear, fall protection). In the long-term, the hazard should either be eliminated (removed from the process altogether), substituted (replaced with a safer option), or isolated from workers (by means of engineering controls).
Employees can be valuable in helping a company evaluate the hazards in their processes. There is no better resource than the people who engage with the process each day to provide insight on what makes them feel unsafe. Inclusion of employees in hazard identification and correction leads to more creative solutions, enhanced focus, and establishes a partnership that the employees appreciate.
Be Wrong when a Compliance Officer Drives By
This will apply more for a construction operation than a general industry operation but can invite an OSHA inspection none-the-less. Construction is usually out in the open with no walls to conceal the ongoing OSHA violations. If a compliance officer sees employees in clear-and-present danger, he/she is required to investigate further. This type of inspection is the most surprising of all to managers and depending on the violation can lead to hefty fines.
Having capable supervisors and competent persons onsite during a construction project can help companies prevent being in violation of an OSHA regulation. Planning compliance into the project can also help ensure that the company’s expectations are carried out on-site.
Tying it all Together
No one wants to be in hot-water with regulatory authorities. Implementing compliance systems which encourage support and participation from employees is extremely important in keeping OSHA at bay. In fact, most of the required written OSHA programs have a requirement for employee participation. OSHA would not have included the requirements, if they were not proven to be effective.
Dave Knight is the founder of Orient Safety, an EHS consulting firm that helps EHS Professionals & their employers foster a workplace with a safe, engaged labor force that creates value for their customers and communities. To learn more about the services Orient Safety provides, visit us HERE. Connect with Orient Safety on Facebook, LinkedIn, and Twitter. You can also sign-up for our newsletter HERE. Just for reading this article, you have earned a free incident reporting app for your business HERE.
here are companies out there who ‘get it’, and others who don’t. Those that get it are companies who invest in the growth of their EHS staff and include the EHS function in business decision making. Most importantly these companies understand their own risks, leading to them hiring the best equipped EHS professionals for the job. A top-down understanding of a company’s risks and dedication to a safe and healthy workplace differentiate companies who ‘get it’ from those who don’t. The companies who ‘get it’ are prized employers for EHS leaders as they are a rare find.
Each year, the National Safety Council dedicates an entire issue of Safety & Health Magazine to “CEOs who Get It”. This annual issue applauds CEOs for their dedication to making safety and important part of their organization’s success. The title of the award itself sheds light on the fact that often, CEOs don’t ‘get it’.
Economist Milton Friedman suggested that the main purpose of a business is to maximize profit for owners and shareholders. However, as philosophers have suggested for ages and the current market is showing us now, there is a social expectation for business to be a force for good in the world. That social expectation is why labor unions emerged during the industrial revolution, why OSHA was established in 1971, and why the EPA tracks and regulates the pollutants a factory releases into the atmosphere. Early on, some businesses refused to play by the rules, polluted ground water in their communities, neglected the safety of their workforce, and destroyed local ecosystems. Regulation was needed to ensure the social expectations of business were followed and potential victims protected.
It is easy to become laser focused on profit maximization and forget about the social expectations of business, but the two go hand in hand. Nowhere else is this social expectation more evident than with the employees who work to generate profit for the company. If an employee or group of employees feel unsafe performing their work, they will flee to an employer who makes them feel safe. Soon, the company is known throughout the community as a bad employer. Retaining employees becomes more difficult and hiring new talent is even harder. Productivity slips because the workforce is short-handed, or the employees do not work as hard. Then the company begins to lose customers because of poor product quality or inability to meet product demand. Before long, the company is either acquired or closed altogether.
Companies that ‘get it’ know that a strong EHS focus can help an organization maximize profits while abiding by the social and regulatory expectations placed upon them. It starts with the organization understanding its risk exposures from the top-down. Many companies do not have a basic understanding of their own operational risks. Look at a random job posting for an EHS professional and prepare to see a list of duties devoid of any specificity. Maybe the posting will have a degree requirement, or maybe a requirement for an obscure trade certification (because the last Safety Guy had one), but very rarely will the posting have specific information on the risks the EHS professional is being sought to manage. This type of job posting tells an EHS leader two things, the company does not value EHS and the company does not know itself.
If a company wants to attract and keep EHS leaders, there are a few things that need to be conveyed to potential candidates. The EHS function must be included in the company’s key operational decisions. Things such as implementing new equipment or adding another shift are operational decisions that an EHS professional must be aware of and can weigh in on. Even the smallest of business decisions can increase a company’s risk exposure exponentially. Let’s not forget that a single O-ring caused the Challenger disaster.
There needs to be a sincere commitment to maintaining a safe environment for employees from top management. If there is no commitment, even the most skilled EHS leader will have trouble fulfilling the needs of the organization. In the reporting structure, an EHS leader should report to the sites senior manager. This allows EHS initiatives to have the highest visibility possible and the backing these initiatives need to be driven forward.
Being a company that ‘gets it’ is not easy, if it was everyone would be doing it. However, being able to count yourself among those companies pays dividends. In a company that ‘gets it’, employees are happier, customers are happier, the company is viewed better in the community, profits are better, productivity improves, losses decrease, and the workforce sticks around. All it requires is a balanced management approach that ensures that all parts of the corporate structure work together to fulfill the company’s mission. It is a management approach that builds leaders in EHS and beyond.
Dave Knight is the founder of Orient Safety, an EHS consulting firm in Goshen, Indiana. To learn more about the services Orient Safety provides, visit us HERE. As a free offering to potential customers, Orient Safety provides a free incident reporting app for your business HERE. Connect with Orient Safety on Facebook and LinkedIn. To get Orient Safety’s semi-monthly newsletter, subscribe HERE.
An Issue of Epidemic Proportions
The United States is suffering from an epidemic of opioid use and abuse. The President has gone as far as declare a state of emergency on the opioid epidemic sweeping our country. The opioid crisis has garnered much attention from the media regarding the ever-increasing death toll due to overdoses. Still , little has been done to curb the use of opioid medications. In fact, within the last couple of years newer, stronger opioid medications have been released to the market.
Medication and OSHA
EHS professionals at sites subject to OSHA regulation know too well what an opioid prescription means for an injured employee. In the best scenario, the case is recordable. In the worst case, it could become a lost time injury. The OSHA standard leaves very little wiggle room for what counts as medical treatment beyond first aid. Below is an excerpt from 29 CFR 1904 regarding medication as an example.
“ 1904.7(b)(5)(ii)(A) : Using a non-prescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes)”
Over the last several years, EHS professionals have seen injuries that could have remained first aid, elevated by well meaning medical staff. Opioid medication has been marketed as the supreme pain reliever for so long that it seems to have become the default medication prescribed for pain in in a medical setting. In my experience, it is the first thing I look for in medical paperwork received for a work-related injury.
About the Study
A recently released study on the effect of opioid vs. non-opioid medications in patients with chronic pain has found that opioid treatment is not superior to treatment with non-opioid medications. The study was conducted on 240 Veterans Administration patients in primary care clinics for a period of 12 months. The strategy was to aim for improved pain and function in the patients. The opioid group was treated with morphine, oxycodone, and hydrocodone/acetaminophen. The non-opioid group was treated with acetaminophen or NSAIDs. There was a significant improvement in pain related function in the non-opioid group over the opioid group, while there were more adverse reactions noted in the opioid group. The study concluded that not only do non-opioids work better than opioids at treating pain, but also that the results do not support the initiation of opioid therapy in moderate to severe chronic pain for the conditions observed. You can read the study HERE.
OSHA rules on OTC and Injections
There are some key things here for the EHS professional to keep in mind. In the study, the medicines administered were in injected form. Any injected medication is considered medical treatment beyond first aid and is recordable (tetanus immunization is the only injection that passes). A medication may be available OTC but prescribed in prescription doses. A non-prescription medication prescribed by a medical professional in a dosage that requires a prescription is medical treatment beyond first aid (even if the employee can take 6 OTC ibuprofen for the same effect).
Is Change on the Horizon?
This is only one clinical trial, there are many more needed before it becomes a medical fact. Other types of chronic pain will need to be studied, different methods explored, and other focus groups observed. Some medical professionals are already beginning to distance themselves from opioid medications and insurance companies are implementing new rules on coverage for opioids. Perhaps soon the opioid epidemic will be a thing of the past.
I’d like to thank National Public Radio (NPR) for giving me the idea for today’s article. You can listen to or read what inspired today’s article HERE.
Dave Knight is the founder of Orient Safety, an EHS consulting firm in Goshen, Indiana. To learn more about the services Orient Safety provides, visit us HERE. As an offering to potential customers, Orient Safety provides a free incident reporting app for your business HERE. Connect with Orient Safety on Facebook and LinkedIn.
Traits of Today’s EHS Professional
The job of an EHS professional is a difficult one. To be successful, an EHS pro must possess a mix of technical knowledge, business acumen, leadership ability, and emotional intelligence. The days of the “safety cop” are over. Today’s EHS professionals are called upon to lead up, lead laterally, and lead down; all while having the technical knowledge and business acumen to make sound decisions regarding a business’s regulatory matters.
The Issue of Ambiguity
One of the biggest issues I have seen in industry is that companies do not have a clear definition of the EHS professional’s role. This leads to a disparity in EHS roles and responsibilities across an organization, confusion in reporting status of the EHS professional, and several interpretations of what the professional is responsible for (oftentimes within a single facility). This lack of clarity reduces the ability of the EHS profession to attain the status and influence it deserves within an organization.
Production makes things, purchasing buys things, shipping ships things, maintenance fixes things, and engineering designs things. The EHS role does a little bit of everything. An EHS professional deals with people on a personal level much like human resources, works with maintenance to repair and install pertinent safety equipment for machinery, works with purchasing to procure adequate personal protective equipment at reasonable prices, works with production to reduce injuries related to processes, and works with engineering to ensure designs for equipment and products have safety features and comply with regulatory requirements. This is just a short list of the business functions an EHS pro interacts with on a professional level.
No other profession has such a need to understand the inner workings of a company’s business processes as the EHS professional. An EHS pro must function as both a generalist and a specialist and be able to fluctuate between these mindsets minute by minute throughout the work day. In addition, the EHS pro must walk a thin line between protecting the company and protecting the people within the company and the community the company operates in, all while adhering to regional and federal regulatory requirements.
Friend or Foe?
Oftentimes, the EHS professional must make decisions that are not perceived as being in the best interest of the company but beneficial the personnel of a company or regulatory agencies. This can be a difficult line to walk and is the difference between a hired hand and a true EHS professional. It is well known that regulation is a source of frustration for businesses, which makes the role of the EHS pro even more difficult. The EHS pro is an internal representative of law and regulation, which is frequently viewed as the devil’s advocate, a roadblock, or the internal enemy of an organization’s progress.
The Results of Unclear Direction
This is where the clear picture of an EHS professional’s roles and responsibilities and management commitment to regulatory compliance throughout an organization is sorely needed. If absent, these two things are detrimental to the success of the EHS role within an organization. This leads to turnover of EHS professionals, a decline in regulatory compliance, and increased incident rates within a company. The result is an often-overlooked cost of doing business; higher workers’ compensation premiums, higher premiums for property and liability insurance, regulatory fines, being shut-down by regulatory authorities, lost productivity, or an increased risk of fatality and total loss.
To be continued…
If you enjoyed this article, feel free to share it with your friends, colleagues, bosses, supervisors, managers, and CEOs. Stay tuned for Environmental Health & Safety Leadership: Part II. We will continue to explore the makings of an EHS leader, developing an EHS position’s roles and responsibilities, where EHS belongs in a company’s reporting structure, and how internal communication can make or break EHS performance within an organization.
Dave Knight is the founder of Orient Safety, an EHS consulting firm in Goshen, Indiana. To learn more about the services Orient Safety provides, visit us HERE. As a free offering to potential customers, Orient Safety provides a free incident reporting app for your business HERE. Connect with Orient Safety on Facebook and LinkedIn.
Now that I have your attention, I’d like to turn your attention to a belief system that continues to injure employees in every industry. I call it the “blame game”. When I go out and investigate an incident or injury, the first thing I hear is “Joe should have been doing XYZ, that’s why he got hurt!”. While Joe may have failed to follow a procedure to a T, received inadequate training to perform his job, tried to take a shortcut, or maybe Joe just isn’t the sharpest tool in the chest; Joe is not the problem. It is time we stop blaming people and investigate work related incidents more thoroughly.
He was just not paying attention, right?
If he was working instead of goofing off, how could he have possibly gotten hurt? You only get hurt if you are goofing off and “not paying attention” right? I get that a lot in incident reports for root causes, “employee was not paying attention and got hurt”. Before Joe was injured he had to have been doing something reasonably related to his job, if not we would never have work related injuries and I’d be out of a job. So it is safe to assume that Joe was participating in production when he was hurt, regardless of what he did or failed to do; Joe was performing duties related to one of the company’s processes. Joe…Was…Working.
There has to be Someone to Blame!
If the problem is not Joe, whose fault is it? While at a micro level there may be plenty of blame to go around, it is impossible to target the single accountable person that allowed Joe to get hurt. Why? The fault lies within the process Joe was performing; the work, the product, and perhaps even the environment. The purpose of an investigation is to drill down to the single most important factor that allowed Joe to be involved in the accident. That is the root cause, if not for that one factor Joe would not have been hurt. That is not to say that other factors were not also at play which contributed to the incident; but a good, solid investigation should uncover both.
It was all about Technique.
Once Root Cause and contributing factors have been gathered, the next step is to devise corrective actions. Corrective actions are meant to ensure the same incident never happens again, correcting the root cause and if applicable the contributing factors. However, these should also focus on the process and not on the person. Take for instance these two hypothetical situations. An employee struck by a falling object and another who smashed his finger while hammering a component onto another. Commonly witnesses to the incident will say, the employee was using the “wrong technique”. This is another one I get all the time. “He was doing it all wrong, you are supposed to do it like this”. This means that the hazard was recognized long ago by workers, but they just found a tribal technique to work around it. If you are new to the tribe, you don’t know the technique and get hurt. Why else do you think new employees are 3x more likely to get hurt than seasoned employees?
Solving Real Problems.
In both instances, the final corrective actions should have nothing to do with technique adjustment, additional training, wearing two hardhats instead of just one, or padding employees securely with bubble wrap. They should focus on how to make the process safer for the co-workers to interact with. The best corrective actions focus on solving multiple issues, correcting hazards inherent in the process, increasing production, and overall improving the lives of the employees on whom the company relies. Investigating injuries and incidents thoroughly helps uncover not only hazards, but inefficiencies in the manufacturing process. This puts to bed the whole notion that the Safety function places a damper on an organization’s performance.
Bringing it Together.
Blaming the employee for being hurt is a cop-out to prevent doing the extra work it takes to find out what really happened. By doing this we are doing a disservice to both our companies and to the employees who perform the valuable work in production each day. Before someone gets hurt, there are usually ample warning signs (i.e. the need to adjust technique to prevent getting hurt). One-off, freak accidents are very rare. If even after the warning signs, near misses, reported injuries, and recordable injuries we have still failed to implement any corrective actions to control the now well-known hazards; there is finally someone to blame…ourselves as Leaders.
Hunger to Learn
I was approached by a manufacturing leader a few weeks ago with some questions about the varying levels of incidents that have an effect on an organization. I’d like to say these teaching opportunities happen often, but alas they do not. Let’s face it, Safety is not as sexy as building a product, shipping it to a customer, and making money. There is a stigma surrounding safety that we as Safety Professionals have helped perpetuate, with our jargon, requirements, and smug ‘know-it-all’ attitude. So our lack of sex-appeal in addition just makes it that much harder to reach out to people or be approached about safety.
This leader was motivated by a hunger to learn as much as he could in order to help keep his employees safe. As a leader he wanted to know have general knowledge of every facet of the duty he has to his employees; with their safety being his number one concern. I firmly believe that a leader with that mindset will make changes to any organization they are a part of. It is not about only safety or only productivity, it is about having all facets of a company work in unison to achieve the organizations goals. Great leaders know this and gain a general knowledge of every one. Below is the answer to some of the questions he had.
A near miss is an incident or condition that could cause bodily harm or property damage, but luckily did not. A person can recognize a near miss in the performance of their duties by either spotting a condition that is out of the norm, realizing that part of the process poses a hazard to workers, or witnessing an incident that narrowly avoided injury or property damage. Near miss reporting is important to an organization as it can tip Management off to a flaw in the process that was not previously considered when the process was newly implemented. Corrective actions can be devised and implemented to improve the process with the information gathered during an investigation. Near miss reporting helps improve working conditions by controlling hazards before someone gets hurt.
Incident (or Injury)
An incident is when someone was injured or property was damaged on the job. Even if the injured party goes to an occupational clinic, it can still be classified as only an incident if it does not meet the definition of a recordable injury per 29 CFR 1904.7. The reporting of all incidents in the workplace is important because it helps an organization control hazards inherent in the process and can aid in the prevention of future incidents. It also allows the organization to take appropriate action to provide the appropriate level of care to an employee who has become injured. Though an incident exposes flaws within the process, it is another way Management can be alerted that something needs to be changed sooner rather than later.
OSHA Recordable Injury
A recordable injury is an injury requiring medical treatment beyond first aid as defined in 29 CFR 1904.7. Some of the items that constitute a recordable injury include; days away from work (beyond the day of injury), stitches, administration of prescription strength medication, loss of consciousness, bone fractures, job-transfers or restrictions. These injuries are recorded on the OSHA 300 log, which in some cases is submitted to OSHA each year under the new rule. A recordable injury is evidence that there is a significant failure in the process allowing employees to become seriously injured. Before a recordable injury there are generally copious warning signs; near misses, and incidents have likely occurred but were either not reported or dismissed by Management.
OSHA Reportable Injury
A reportable injury is an injury that must be reported directly to OSHA. Severe injuries such as loss of an eye, amputations, or injuries requiring inpatient hospitalization must be reported to OSHA within 24 hours of the incident. Fatalities must be reported within 8 hours. At this point the likelihood of an OSHA inspection is nearly guaranteed.
Bringing it Together
In a perfect world all potential hazards would be caught and mitigated before employees even start working on a process, but unless mature hazard recognition and change management processes are in place this seldom happens. There are plenty of opportunities leading up to an injury that should not be ignored, the near misses and incidents can be investigated and corrective actions implemented to prevent escalated injuries. This information however is only as useful as the organization’s use of it. Leaders who make successful utilization of the interlinked facets of an organization use near miss and incident information to transform troubled processes and organizations to safe and productive profit centers.
Safety is Common Sense – Debunked
The phrase I hear most often when I tell people what I do for a living is “safety is pretty much common sense” while on a basic level this can be somewhat true, there are several factors that make this a false statement. One important factor is perception. Sometimes our logic is impaired by our perception of a situation. A good way to illustrate this is the accident record of a single pilot aircraft vs. an aircraft with additional flight crew. The AV-8B Harrier has an accident rate three times that of the F/A-18 Super Hornet. The difference is, the Harrier is piloted solo whereas the Super Hornet has a crew of two. When the Harrier pilots perception of a situation is flawed, there is no feedback to correct course and avoid an accident. When the pilot of the Super Hornet perceives a situation incorrectly, the Weapons and Systems Officer (WSO) can call the pilot out; the two can then work as a team to correct the situation and avert disaster. Barring the carrying out of nefarious plans, no one wants to crash an aircraft and no one wants to get hurt at work.
Clear Standards Save Lives
Yet both happen quite regularly. One of the saving graces that prevents aircrew from dying more often than they do are the strict programs in place to standardize an extremely unsafe process. These programs provide the procedures, training, and hazard recognition aircrew need to navigate the friendly skies in the safest manner possible. In 1971 the Federal Government created OSHA and set-forth to create standards to protect the health and safety of American workers. The 29 CFR 1910 (for General Industry) and 1926 (for Construction) were the standards created for this purpose. Still, navigating these standards is not a simple task. There are strict requirements for the establishment and maintenance of programs for employers with 10 or more employees.
Safety Programs Explained
These programs are the foundation to any employee safety program. With the establishment of OSHA compliant safety programs, a company is well on its way to protecting their workers. Safety programs help establish ground rules for some of the more hazardous work in a facility; controlling hazardous energy, guarding machinery from hazardous points of operation, protecting employees from chemical exposures, and ensuring the proper training is carried out to inform the employee population of the hazards and responsibilities associated with their work.
Safety Programs are only the Foundation
However, OSHA required safety programs are only the foundation. Each process at a facility needs to be evaluated and audited for safety regularly, the facility itself is no exception. The programs need to be audited to ensure they are up to date on any changes OSHA makes between editions of the 29 CFR. Training needs to be continuous for the sake of new employees and the forgetfulness of legacy employees. New business units and processes must be evaluated to ensure their safety before employees are exposed to potential hazards. Depending on the size of an employee population, the maintenance of a safety program can require a dedicated safety specialist (or 3).
Let Orient Safety Help You
Safety is a full-time job and there are times that all of an organizations needs cannot be met by a single safety specialist, or even a team of safety specialists engaged in other projects. Orient Safety can help bridge that gap by offering expertise in program development, auditing, hazard analysis, training, management of change, and much more. If you are part of an organization that is starting-up and in need of tailored safety programs, we can help with that too. Visit our website www.orientsafetyllc.com to learn more about the services we offer, and visit our Contact Us page to let us know what you are looking for. We look forward to working with you!