Last Dec. 16, 2009, newly appointed Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels spoke at NIOSH’s Making Green Jobs Safe: Integrating Occupational Safety and Health into Green and Sustainability. The conference was held in Washington, D.C. Dr.

Michaels stressed out that green jobs cannot be good jobs unless they’re safe jobs. He also discussed the importance of worker participation when it comes to reporting injuries and illnesses in the workplace and OSHA’s Green Reform Principles.

Here are some excerpts from his speech:

“We’re all aware of the job opportunities that green jobs offer, and in the present economy, new technologies with the potential of new jobs are especially welcome.

Secretary of Labor Hilda Solis recently announced nearly $55 million in green job grants, authorized by the American Recovery and Reinvestment Act of 2009. These grants will support job training and labor market information programs to help workers, many in underserved communities, find jobs in expanding green industries and related occupations.

But in addition to job opportunities, there are many concerns that we need to consider – which is why you have gathered here this week.

Secretary Solis has provided the Department of Labor with her vision, which is simply and profoundly: “Good jobs for everyone.” And everyone at this conference understands all too well that green jobs cannot be good jobs unless they are safe jobs.”

“It is vital, now, that we integrate worker safety and health concerns into green manufacturing, green construction and green energy. Most importantly: We must push worker health and safety as a critical, necessary, and recognized element of green design, green lifecycle analysis and green contracts.

It’s not a matter of choosing either a green future or safe jobs. It’s both. It’s all or nothing, and NIOSH, OSHA and everyone else needs to play a role in building this sustainable economy – an economy that will provide sufficient jobs, green jobs, and jobs that are safe for all workers.

Here is where we start: Most people instinctively see green jobs as safe. But at OSHA, when we hear “weatherization and renovation,” we see exposure to lead and asbestos. When we hear insulation, we think isocyanate exposure. When we hear rooftop solar power, we see fall hazards. When we hear wind energy, we see lockout hazards.

It’s small wonder that some call OSHA the “Debbie Downer” of federal agencies.

But there are even more fundamental issues – and these present problems as well as opportunities. You’re all aware of the industrial hygiene hierarchy of controls. What’s at the very top of that hierarchy? Substitution.

This means exchanging a safe, clean chemical for a hazardous one. But, we also all know that, all too often, substitution is an unreachable panacea – because the safer chemical may be too expensive or may not quite fit the job’s technical needs, or because we don’t have enough information to know which chemicals are actually safe.”

“I have a vision of a greener world where there is full and complete hazard information available for every chemical and every chemical mixture; where science is at work not only to make more effective and more profitable chemicals, but safer chemicals, too. I dream of a world where workers can collaborate on an equal basis with management to find safe chemicals and develop and implement processes that won’t put workers in danger.

There’s an enormous chasm to bridge between the ideal future and the imperfect present. Today we suspect that at least a couple of thousand high-use chemicals out there may present some threat to worker health. Yet, OSHA currently regulates about 500 chemicals, based mostly on science from the 1950s and 1960s. How many chemical standards has OSHA issued in the past 12 years? Two – and one of these two only came about because of a court order! We haven’t been keeping up with the science.

So, not only are we lacking critical information about the hazards of many chemicals, but we have virtually no information about the hazards of chemical mixtures.

If we don’t pay attention at the dawn of this new green revolution, we’ll be replicating past problems as we move into future industries. I’m making it my mission and OSHA’s mission to ensure this doesn’t happen.

Clearly one of the best ways to move forward on worker safety at the same time that we move forward on green jobs is to ensure that workers are more engaged in the work process and in the development of green jobs. It’s clear that we must move toward a permanent system where employers and workers come together, on a basis of mutual respect, to assess and abate hazards. This is OSHA’s ‘Green Reform Principle Number One.’”

“Another part of the big picture is chemical safety, as I outlined earlier. This is Principle Number Two. For example, the European Community’s REACH program will provide industry and American workers with more and better information about the chemicals they are exposed to. More important, REACH is also, finally, challenging the old paradigm where chemicals are considered innocent until proven guilty – and all too often proven guilty by the sick and dead bodies of American workers.”

“As green industries grow, OSHA will be fully involved in the movement toward Prevention through Design. This is OSHA’s Green Reform Principle Number Three. Prevention through Design is about fundamental change that integrates safety efficiently and thoroughly.

Prevention through Design asks: Why should we go back and expend precious time and resources retrofitting hazardous industries to make them safer when we have the ability and the opportunity to begin fresh and make work safe from start to finish?”

“Principle Number Four: Where, and when possible, OSHA must move ahead on rulemaking for urgently needed standards – and to create good standards, we’ll need the input of scientists and engineers, academics, students and workers. We’ll also need allies in the progressive business community who will say “yes” to sensible changes and participate in the rulemaking process with constructive comments and insight.

OSHA’s Green Reform Principle Number Five: Enhancing workers’ voice in the workplace. To get us up to date and move into a safer, healthier future, it’s also clear that workers must have a stronger voice in workplace safety than they have now. Giving that voice impact and value means that workers must have much better information about their rights, the hazards they face and controls for those hazards.”

“It’s been OSHA’s pleasure to participate in this workshop. Thanks to your contributions now and in the future, we can look forward to developing a reliable roadmap to help employers drive their industries in the proper direction – toward a safe and healthful future.

The challenge now is to get everyone else on board across the Nation. We need to make the expression “green jobs” synonymous with “safe jobs” – because green jobs are good jobs only when they are safe jobs.”

To read the full speech, please visit www.osha.gov

April 29 – Jorge Leandro-Ramirez was fatally injured while operating a cherry picker. Leandro-Ramirez was working at the construction site in the Effingham County Industrial Park. Due to this accident Vos Electric, a subcontractor at the EFACEC plant, was issued with a serious citation facing a $4900 fine.

However after an informal settlement with OSHA inspectors, company officials were able to present sufficient evidence that extensive training was given. The documentation of training provided by the company convinced the inspectors to delete the citation and the penalty.

Michael Wald, spokesman for the U.S. Department of Labor’s regional Atlanta Office said “The company provided our investigator with documentation of training on that piece of equipment. The fatality occurred despite of training, not because of lack of training.”

Our main priority should always be to maintain a safe working environment to all our employees. Although accidents sometimes happen even to the best and well trained individuals, providing proper training and making sure that everyone is in good working condition would help us a lot in getting closer to our goal of keeping the workplace safe. Not only will it make them aware of job related dangers it will also make them more efficient workers. Be sure to document trainings given to employees and always remember to retrain or give refresher training whenever necessary.

December 7, 2009 – Acting Secretary for OSHA Jordan Barab discussed the agency’s regulatory agenda through an hour long live chat. The live chat was open to the public and members of the media.

Some of the topics that were addressed were about the airborne infectious diseases, combustible dust, musculoskeletal disorder and Diacetyl.

Here are some excerpts from the live chat.

Jordan Barab:

As you can see, OSHA has set an ambitious fall 2009 Agenda that includes 29 regulatory items. The agenda projects that OSHA will publish two RFIs; seven NPRMs; and six final standards. Through these regulatory actions, the Agency continues to ensure good jobs for everyone through a safe and healthful workplace.

We encourage you to raise questions, submit views, and otherwise provide input to us on the Department’s plans for upcoming regulations. Our main purpose today is to have a dialogue on the overall regulatory priorities reflected in the plan.

Comment From David LaHodaDavid LaHoda:

Q: Without an aerosol transmissible disease standard for the current H1N1 pandemic, did you think OSHA was hampered with regard to its educational preparedness and enforcement activities?

Jordan Barab:

A: No, it has not hampered us. OSHA has moved aggressively to address the hazards of H1N1 pandemic influenza in the workplace.  We have worked closely with the other federal agencies and the White House to ensure that workers are safe. While a standard on airborne transmissible diseases would have been preferable, we believe that we are responding to the issues effectively using existing  standards and the General Duty Clause.    In part, as a result of  our experience with pandemic influenza, we have added the airborne transmissible diseases “Request for Information” to the regulatory agenda to further explore how we can better address these issues through the regulatory process.

Comment From Inside OSHAInside OSHA: 

Q: Sen. Sherrod Brown recently sent a letter to Secretary Solis expressing his concern that OSHA has not acted quickly enough in setting enforceable diacetyl standards. Meanwhile, the reg agenda indicates OSHA won’t initiate the peer review of health effects and risk assessment until next October. Can you explain what accounts for this delay?

Jordan Barab:

A: Diacetyl is a priority for OSHA and DOL, and developing a sound assessment of health risks is critical for the success of the rulemaking.   The Agency’s analysis for diacetyl is particularly challenging given the nature of available health studies and ongoing research in this area.   We believe the projected Oct. 2010 date for the peer review reflects a reasonable timeframe in which to meet this challenge and develop a scientifically sound assessment.

Comment From Holly:

Q: In a speech recently, you called ergonomics a “huge health and safety problem” and said the govt must “take the field and make some fundamental changes.” Given these comments, why WOULDN’T OSHA have plans for regulatory activity?

Jordan Barab:

A: Holly: You’re right. I called musculoskeletal disorders a “huge health and safety problem.” I also called it a “huge political issue” and that we are in the process of determining how we are going to address it. Our new Assistant Secretary will arrive later this week, and we will intensify the process of determining how we are going to address ergonomics.

Comment From Laura Walter, EHS TodayLaura Walter, EHS Today:

Q: On this agenda, OSHA has included 9 items in the pre-rule stage, 8 in the proposed rule stage, another 8 in the final rule stage, as well as two long-term actions and three completed actions. How does the scope of this agenda define how OSHA is currently approaching regulatory action, and is this the level of activity we can continue to expect in the future?

Jordan Barab:

A: Laura: OSHA is currently focusing on moving a number of standards that have been stuck in the pipeline for the past eight years. In addition, we have added combustible dust, airborne infectious diseases and the MSD column back on the OSHA injury and illness log back onto the regulatory. Now that our new Assistant Secretary has been confirmed, we will be moving forward on additional regulatory initiatives.

Comment From Laura Walter, EHS TodayLaura Walter, EHS Today:

Q: What are OSHA’s main goals and expectations in developing a hearing conservation program for construction workers, and for how long do you anticipate the process of collecting/analyzing information will continue before the agency is able to move forward to the next step?

Jordan Barab:

A: Laura, this is one of many issues that has not received adequate attention.   As OSHA finishes up some of the items on the existing agenda we will evaluate other safety and health issues to see if we can make progress on the highest priority items within our budget constraints.

Comment From Laura Walter, EHS TodayLaura Walter, EHS Today:

Q: How does OSHA plan to use the information that would be included in the proposed WMSD column on the 300 Log to improve safety and health policymaking and statistics? Does this attention to WMSDs indicate any potential future intentions of developing an ergonomics standard?

Jordan Barab:

A: Laura, OSHA believes that putting the MSD column back on the log will improve the nation’s occupational injury and illness statistics as well as providing useful information that employers and workers can use to better identify musculoskeletal disorders in their workplaces. Musculoskeletal injuries are one of the biggest worker health and safety problem in this country.   But addressing this problem is also a complicated regulatory and poltical issue which the agency is considering. At this time, OSHA has no plans to pursue ergonomics regulation, although the incoming Assistant Secretary will be addressing this issue as one of his highest priorities.

To read the full live chat session please visit:

www.dol.gov

David Michaels has been confirmed to be the new Assistant Secretary of Labor for Occupational Safety and Health last Dec. 3.

Michaels was a Research professor and Interim Chair in the Department of Environmental and Occupational Health at the George Washington University School of Public Health and Health Services. He was nominated by President Barack Obama last July 28. The nomination was approved by the Senate Health and Labor Pensions last Nov. 18 then turned to the full senate.

Acting secretary Jordan Barab will carry on as the Deputy Assistant Secretary for OSHA.

This is the first that OSHA had a permanent administrator since Edwin Foulke Jr. resigned in 2008.

Another thousand-dollar-fine was issued by OSHA for citing violations on electrical safety and hazardous energy control standards. This time to O’Connell Electric Co., particularly on the May 18 Worker Arc Flash Injury. The incident happened at the North Campus of the State University of New York (SUNY) when O’Connell employees were performing maintenance on 34,500-volt switches while one of the switches had not been de-energized and properly barricaded and tagged to prevent exposure to live electrical parts before they began their work.

“Electricity can injure and kill almost instantly which makes it vital that power sources be de-energized and locked out, and workers be properly trained and equipped before electrical work is performed,” said Arthur Dube, OSHA’s area director in Buffalo. This statement given by Dube clarifies that de-energization, training and PPE have corresponding electrical standards that any company should comply with. O’Connell was not able to meet these standards which led to the $88,200 fine.

Yearly, OSHA never misses to issue citations on companies who violate safety standards. Injuries and unwanted losses usually are the reasons of these citations. It is the employer’s duty to ensure the welfare of your employees. Safety should always be the top priority. As a message to other employers, OSHA’s regional administrator, Robert Kulick said, “One means of preventing hazardous conditions and the accidents that can result from them is to establish an effective safety and health management system through which employers and employees work together to proactively evaluate, identify and eliminate hazards.”

O’Connell Electric has 15 business days from receipt of its citations and proposed penalties to comply, participate in an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. Let this be a reminder to all other companies to review your safety policies and make sure that they are compliant to state and federal regulations. Review the policies regularly and make sure they are implemented and practiced by all workers. These simple steps can help keep your workplace safe. 

Keep in mind

• Make sure all employees know the importance of de-energizing (shutting off) electrical systems before performing repairs.
• Never attempt to handle any wires or conductors until you are absolutely positive that their electrical supply has been shut off.
• Be sure to lock out and tag out circuits so they cannot be re-energized.
• Always assume a conductor is dangerous.

After writing about this year’s top 10 most cited violations, The Safety Blog is now looking at America’s Safest Companies, as named by EHS Today and the sponsors of America’s Safest Companies – MCR Safety and PureSafety.  Their criteria?  Occupational safety and health, environmental management and employee wellness.  So are you ready for the companies who made it to the list?  Here are the eight excellent companies who have been acknowledged for providing a safe working environment for its employees, protecting the environment, and acting as advocates for health and safety.

AMEC Earth & Environmental Inc.

This Pennsylvania engineering, testing and environmental consulting firm’s approach is budgeting safety into the job from the first day.  It only bids on a job as long as it can answer yes to the question “Can we do this job safely?”  AMEC’s “Beyond Zero,” its vision of success in safety, means having zero incidents at work as well as integrating safety into all AMEC operations and beyond the workplace into the homes, communities and families of its employees.  Vladimir Ivensky, the firm’s director for safety, health and environment, says “If safety stops the moment you leave work, we haven’t done our job.”  AMEC is moving on to the next stage of its safety evolution with its Six Safety Essentials and universal Safety Rules that will sustain its Beyond Zero safety culture vision.

The Concrete Pipe Division of CEMEX U.S. Operations

It used to consider safety as an obligation but this concrete pipe manufacturer now recognizes that safety is paramount and it is their moral obligation.  Their director for safety, health and environment, Rich Holston, explains that they don’t have the right to have somebody come to work and get hurt.  During the evolution of safety belief, the company focused on three principles namely leadership, culture and safety management systems.  It also adopted two new programs.  The first one is called Zero 4 Life which desires employees to go their entire lives without injury while the second one is termed LEGACY which offers training course for leaders.  The company is in continuous progress and process in achieving workplace safety.

Medtronic Inc.

In this Minneapolis-based manufacturer of medical device technology, a strong tie exists between their environmental health and safety (EHS) vision and their company mission.  John Ficklin, the director for health and safety, says that employees provide safe medical devices and therapies and it is a natural extension for them to expect a safe and healthful work environment.  Aside from complying with applicable laws and regulations and empowering managers and employees, the company also takes prime importance to incident reporting and analysis.  In fact, it has an online reporting and analysis system that supports early reporting of incidents and quick involvement of supervisors in incident analysis and corrective action planning.  Medtronic also has Total Rewards and Total Health programs where employees receive health and wellness programs as well as nutrition counselling, marathon training and community activism.

Morin Actuator

This Tyco Flow Control company goes beyond OSHA compliance.  Their concern for safety extends not only to their employees but to their products as well (Morin produces pneumatic and hydraulic quarter-turn actuators).  It has a policy of providing its customers with a safe product engineered using a man-safe design.  In doing this, employees have taken ownership of the safety process such that they bring up a safety issue and trust the management to fix the problem.  They also participate with the team and demonstrate program knowledge.  Depending on assessment, these employees then receive incentives, bonuses, awards and recognitions.  Their EHS manager, Brent White, wrote that the success of their program is reflected by a change in focus, from “What is the least I can do?” [to be in compliance with OSHA and EPA standards] to “What is the right thing to do?”

RQ Construction Inc.

Safety is communicated loud and often at RQ, a general constructor that primarily builds for the Department of Defense.  Chief Safety Officer Don Rogers emphasizes communication as the key in safety.  Their safety culture includes orientations from OSHA-authorized trainers; sponsorships for employees who want to earn training and certifications; and classes on courses on different safety topics.  The company also thinks big by planning long-term safety not just for its employees but for its users and customers as well.

Trendmaker Homes

This residential builder of high-end homes doesn’t just think about the families who will live in their houses but also their employees.  It shows its importance to safety by getting everyone involved.  Jacqueline Richter, vice president of admin/hr and safety, explains that it is a total effort where employees have to do some things with safety that they’ve not been required to do at some of the other builders.  The safety focus is extended to its customers, the workers’ families and to its contractors as well.  Eva Brunell, the admin/hr manager, wrote that this promotion of safety outside their company is the most unique element of their safety program.

Trihydro Corp.

The concern of this Wyoming-based environmental and engineering consulting company to the safety of its employees is evident in its building features, safety database, safety programs and initiatives, regular meetings, extensive training opportunities, flu shots for workers and their families, and a “Safe Home” program.  They value their employees so well that if one has to relocate, they may consider hiring the spouse.  This year, the company is actually bringing the employees and their families to its Laramie headquarters for the annual holiday party.

Wood Group Power Plant Services

The high hazard work environment of this power generation company has not been an excuse for it to be lousy in its safety.  In fact, its injury rate is below the industry’s average.  It hosts EHS indoctrination meetings with new employees, maintains a 24/7 open door policy for safety concerns, and maintains a constant safety campaign, among others.  It also has a program called Frontline focus where all senior management personnel spend 16 hours at the plant level annually working with plant personnel on health, safety and environmental commitments.  Another program that is important is the “Safety Observation and Stop Work” which encourages employees to actively make safety observations and gives them the authority to stop work for EHS concerns without fear of retribution.  The company also requires all employees to enter into personal safety performance contracts and commit to improving safety awareness.

These companies must truly be recognized for their efforts in having high standards for safety and health, not just of their employees and employers but of the families and customers as well.  As we all look at the violations by many companies, may we also learn to look and highlight the companies that strive for both excellence and safety.

Last week, the National Safety Council (NSC), in its annual Congress and Expo, unveiled this year’s initial top 10 most cited OSHA violations where Scaffolding still leads with 9,093 violations, up by 2,066 from last year.  Fall protection goes a notch higher from its previous position with 1,974 more violations; while hazard communication comes to a lower place but still with more violations than that of last year’s.  Respiratory protection, lockout/tagout, and electrical (wiring) stays at number four, five and six respectively.  All three gained more violations too.  Ladders, powered industrial trucks, electrical (general), and machine guarding shifted positions in the last four slots.  According to Richard Fairfax, director of OSHA’s directorate of enforcement programs, these standards in the top 10 are fairly consistent from year to year to year.

Here’s the list with their corresponding number of violations:

Janet Froetscher, NSC President and CEO, said that the number of violations gives new resolve in raising awareness about the importance of having sound safety procedures.

The data above shows an almost 30% increase from last year’s list:

In September of last year, The Safety Blog came out with a post on OSHA’s top 10 most cited violations for 2008.  Included in the post are links to materials, resources and articles that can help companies from committing such violations.  Click here if you want to refer to that post.

The final report on 2009’s most cited violations will be published by the end of the year.

WASHINGTON - The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) today announced it is issuing $87,430,000 in proposed penalties to BP Products North America Inc. for the company’s failure to correct potential hazards faced by employees. The fine is the largest in OSHA’s history. The prior largest total penalty, $21 million, was issued in 2005, also against BP.

Safety violations at BP’s Texas City, Texas, refinery resulted in a massive explosion — with 15 deaths and 170 people injured – in March of 2005. BP entered into a settlement agreement with OSHA in September of that year, under which the company agreed to corrective actions to eliminate potential hazards similar to those that caused the 2005 tragedy. Today’s announcement comes at the conclusion of a six-month inspection by OSHA, designed to evaluate the extent to which BP has complied with its obligations under the 2005 agreement and OSHA standards.

“When BP signed the OSHA settlement from the March 2005 explosion, it agreed to take comprehensive action to protect employees. Instead of living up to that commitment, BP has allowed hundreds of potential hazards to continue unabated,” said Secretary of Labor Hilda L. Solis. “Fifteen people lost their lives as a result of the 2005 tragedy, and 170 others were injured. An $87 million fine won’t restore those lives, but we can’t let this happen again. Workplace safety is more than a slogan. It’s the law. The U.S. Department of Labor will not tolerate the preventable exposure of workers to hazardous conditions.”

Read More…

A host of regulations affecting a wide range of businesses and industries is being released by the administration. These changes can be summed up into four major areas dealing with increasing labor protections against common issues in the workplace. These are:

Safety checks. The Occupational Safety and Health Administration is gearing for tougher enforcement in all of its branches. The agency will launch a big new push on ergonomics, perhaps making another run at producing a specific rule on repetitive-motion injuries.

Wages. The Labor Department’s Wage and Hour Division is putting 250 more investigators on the job to probe pay disputes and try to resolve problems. This will hopefully ensure a more thorough process and quicker results for the complaints received on pay disputes and unfair practices.

Discrimination. A broader definition of disability will expand protection under the Americans with Disabilities Act to more individuals. Business groups are up in arms about the proposed rule by the Equal Employment Opportunity Commission, saying the agency exceeded its authority by including in the proposed rule a list of impairments that will consistently meet the definition of disability. Another EEOC rule will impose restrictions on health-risk assessments (HRAs), a key component of employers’ wellness programs. The rule implements a 2008 law banning the use of genetic information in decisions on employment. Its broad definition of “genetic information” includes family medical history, and employers may not provide any rewards or penalties tied to an HRA that asks for family medical history.

Union rights. A pro-labor stance by the National Labor Relations Board is certain as soon as Congress confirms President Obama’s appointees, giving Democrats a majority. Look for reversals of key decisions made by Bush appointees on the use of e-mail by workers for union organizing and the representation of nonunion workers at disciplinary meetings. The new board also is likely to narrow the definition of a supervisor, which will make more workers eligible to join a union.

Watch out for more changes in the workplace in the coming months.

*with material from The Washington Post

In a report by the Bureau of Labor Statistics for 2007, studies shows that falls is still one of the leading causes of injuries and fatalities in the construction industry.  Statistics show that there were 1,204 recorded fatalities in the construction industry alone and 447 of those incidents are from falls.  Due to the alarming number of work related accidents OSHA finally released revisions on enforcement policies for fall protection during steel erection.  Assistant Secretary of Labor for OSHA John Barab said that “We are intent on reducing the number of injuries and fatalities in the construction industry and believe these policy revisions will help us attain that goal.”

The purpose of this Instruction is to withdraw OSHA’s minimal policy relating to requirements regarding fully planked or decked floors. The revised policy addresses the standard’s requirement that employers install a floor or net within two stories or 30 feet, whichever is less.

The other revision states that employers must comply with the requirement that steel studs, known as shear connectors, be installed at the worksite. Shear connectors bind concrete to the steel.

For a copy of CPL 02-01-034 (formerly CPL 2-1.34) please visit:

www.osha.gov