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Monday, April 28, 2008
Informal Public Hearing On Proposed Rule On Confined Spaces in Construction
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) announced in the April 21 Federal Register that it will hold an informal public hearing to receive testimony and documentary evidence on the proposed rule for Confined Spaces in Construction. The hearing is scheduled for 10 a.m. on July 22, 2008, at the Department of Labor's Frances Perkins Building in Washington, D.C. If a second or third day is necessary, the hearing will begin at 9 a.m. on those days.
"The proposed rule is intended to address construction-specific issues as they relate to confined spaces and establish comprehensive procedures to protect employees," said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "This hearing will allow interested parties the opportunity to provide input on the proposed rule."
OSHA published the proposed Confined Spaces in Construction Standard on November 28, 2007 (72 FR 67351) and the public was given until February 28, 2008, to submit comments. Those who intend to present testimony at the hearing must notify OSHA in writing of their intention to do so no later than May 21, 2008. Parties who request more than 10 minutes for their presentations at the hearing and those who will present documentary evidence must provide the agency with copies of their full testimony and all documentary evidence no later than June 20, 2008.
With all the "news" about OSHA not doing their job properly, and the need for OSHA reform, I've wondered why no one has taken a look at the actual numbers. What have the real-life results been? There will always be problem areas that need attention, but overall has the approach to safety that has been taken by OSHA resulted in an increase or decrease in the number injuries?
The following is summarized from the Bureau of Labor Statistics web site. 2006 is the most recent year for which data is available.
WORKPLACE INJURIES AND ILLNESSES IN 2006
The total recordable case (TRC) injury and illness incidence rate among private industry employers in 2006 was the lowest since the SOII was first conducted.
Nonfatal workplace injuries and illnesses among private industry employers in 2006 occurred at a rate of 4.4 cases per 100 equivalent full-time workers—a decline from 4.6 cases in 2005. Similarly, the number of nonfatal occupational injuries and illnesses reported in 2006 declined to 4.1 million cases, compared to 4.2 million cases in 2005.
Key findings of the 2006 Survey of Occupational Injuries and Illnesses (SOII)
Incidence rates and numbers of cases for injuries and illnesses combined declinedsignificantly in 2006 for most case types, with the exception of cases involving job transfer or restriction only.
The number and incidence rate of injuries both declined significantly in 2006 compared to 2005. The number declined by 3% and the incident rate declined by 5%.
The number and incidence rate of illnesses declined significantly in 2006 compared to 2005—mainly the result of declines among hearing loss and all other illness categories.
The size of the data set was increased. Estimates were tabulated for more than 70 additional industries in 2006.
TRC rates declined among 9 of the 19 private industry NAICS sectors in 2006 and remained statistically unchanged in the remaining 10 NAICS sectors.
TRC rates in 10 of 43 states (including the District of Columbia) for which SOII estimates are available were lower in 2006 compared to a year earlier; TRC rates in 32 states remained relatively unchanged; and the TRC rate in 1 state was higher in 2006.
Altought there was a 2% increase in the number of hours worked, the injury and illness rate declined for nonfatal workplace injuries and illnesses among private industry employers in 2006. Similarly, for goods-producing industries as a whole and for service-providing industries as a whole the number of hours worked rose two percent while the number of cases declined three percent. This resulted in rate declines for total recordable injuries and illnesses in both of these industries in 2006
Mining experienced the lowest incidence rate in 2006 among goods-producing industry sectors—3.5 cases per 100 full-time workers.
Fourteen industries, each having at least 100,000 injuries and illnesses combined, accounted for more than 1.8 million cases (45 percent) of the 4.1 million total. General medical and surgical hospitals (NAICS 6221) reported more injuries and illnesses than any other industry in 2006—more than 264,300 cases.
Selected Industry Sectors at a Glance
Construction. Similar to private industry, incidence rates for all case types, with the exception of cases with job transfer or restriction, were lower in construction in 2006 than in 2005. These declines resulted from a six percent increase in hours worked while the number of cases of all types remained statistically unchanged.
Manufacturing. The rate of total recordable injury and illness cases in manufacturing declined significantly in 2006—from 6.3 to 6.0 cases per 100 full-time workers.
Transportation and warehousing. The number of injury and illness cases and the rate at which they occurred decreased significantly in this industry sector in 2006, with the TRC rate falling from 7.0 to 6.5 cases per 100 full-time workers.
Utilities. A 12 percent decrease in the number of injury and illness cases reported among establishments in this sector resulted in a decline in the TRC rate from 4.6 to 4.1 cases per 100 full-time workers in 2006.
Health care and social assistance. The number of industries for which estimates were tabulated in this sector was greatly expanded in 2006. The number of injuries and illnesses and the rate at which they occurred in 2006 remained relatively unchanged in this sector.
There are more problems in Las Vegas. In last Friday's edition the Las Vegas Sun reports:
"State safety officials sharply reduced violations and fines against the Orleans [Boyd Gaming Corp] for its role in two worker fatalities last year after one of Gov. Jim Gibbons’ top political appointees became involved in the investigation, the Sun has learned."
They also report that "The case so angered Boyd’s safety manager, Don Barker, and OSHA inspector John Olaechea, who investigated the accident, that both men quit their jobs."
This is about an incident in which two employees where killed and a third injured. The article states that this happened on "Feb. 2, 2007. While attempting to fix a pipe that was causing a sewage backup, Orleans plumber Richard Luzier fell into a manhole. Engineer Travis Koehler entered to save him. Both lost consciousness. A third employee, David Snow, went down to save the other two and also became unconscious. Luzier and Koehler died at the scene. Snow recovered after spending several weeks on life support."
The Charlotte Observer is continuing to keep the pressure on OSHA with their latest workplace H&S article. On Saturday they reported on a physicians conference last week in New York. The articles opens with this statement:
"A leading group of occupational doctors is taking the unusual step of speaking out publicly against pressure from companies to downplay workplace injuries."
"To outline their concerns, the physicians have sent a letter to federal workplace safety regulators and held a conference session in New York City on Monday. They're also planning to testify before Congress."
The article presents a series of testimonials from physicians describing instances in which they feel they have been pressured to not "treat injuries in a way that would make them reportable".
OSHA offers a variety of "eTools". These are interactive, web-based training tools covering occupational safety and health topics. One of their latest tools is called $afety Pays.
The "$afety Pays" program is an interactive expert system to assist employers in estimating the costs of occupational injuries and illnesses and the impact on a company's profitability. This system uses a company's profit margin, the AVERAGE costs of an injury or illness, and an indirect cost multiplier to project the amount of sales a company would need to generate in order to cover those costs. Businesses can use this information to predict the direct and indirect impact of injuries and illnesses and the estimated sales needed to compensate for these losses.
Hard hat policy spurs debate between safety and religion.
International Forest Products Ltd (Interfor) in Delta, BC (Canada) put a new safety policy in place that required all sawmill workers to wear hard hats. This caused a problem for two employees who practice the Sikh religion. OHS Canada reported yesterday that:
"Since early last November, Sikh sawmill workers Mander Singh Sohal and Kalwant Singh Sahota have not been permitted to work at Interfor's Acorn Mill in Delta because they refused to wear hard hats over their turbans. For many Sikhs, it is considered a religious requirement to not cover their turbans."
Con-Way Freight Cited for Safety Violations Leading To Worker's Death
Con-Way Freight cited for safety violations following the death of a forklift operator.
The Michigan-based delivery company was also cited after similar 2003 accident in Texas
CONCORD, N.H. The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed a total of $119,500 in fines against Con-Way Freight Inc., an Ann Arbor, Mich.-based delivery carrier, for alleged willful, repeat and serious safety violations following an inspection at the company's Manchester, N.H., service center.
The inspection was prompted by an Oct. 3, 2007, accident in which a Con-Way Freight employee died when he was crushed beneath the forklift he was operating after it went off the edge of a loading dock. OSHA's inspection found that the employee had not been using the forklift's seatbelt, and the company had not trained him and other forklift operators to follow the manufacturer's guideline that seatbelts be used during operation.
"Manufacturer guidelines require the use of seatbelts, and OSHA's powered industrial truck standard mandates that employers train their forklift operators to follow those guidelines," said Francis Pagliuca, OSHA's acting area director for New Hampshire. "Con-Way Freight repeatedly has refused to require forklift operators to use seatbelts even though another employee died in a similar accident in Dallas in 2003. This practice must change, or employees nationwide continually will remain exposed to the dangers of fatal or disabling injuries."
For the lack of training, OSHA issued Con-Way Freight one willful citation, with the maximum proposed fine of $70,000. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. The company also was issued one repeat citation, with a $35,000 fine, for allowing the forklift to be operated in a defective condition. OSHA cited the company's Bridgeview, Ill., facility for a similar hazard in May 2007.
In addition, OSHA issued three serious citations, with $14,500 in fines, for the lack of seatbelt use, not having the forklift maintain a safe distance from the edges of the loading dock, and not marking aisles and passageways for forklift use. OSHA defines a serious violation as a condition that exists where there is a substantial possibility that death or serious physical harm can result.
Con-Way Freight has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Concord Area Office (telephone 603-225-1629).
OSHA has announced in the Federal Register that it will be awarding $6,700,000 in grants for safety and health training.
OSHA awards grants to nonprofit organizations on a competitive basis through its Susan Harwood Training Grant Program. Grants are awarded to provide training and education programs for employers and employees on the recognition, avoidance, and prevention of safety and health hazards in their workplaces. OSHA selects the safety and health topics and holds a national competition to award grants. The program emphasizes four areas:
Educating employees and employers in small businesses. For purposes of this grant program, a small business is one with 250 or fewer employees.
Training employees and employers about new OSHA standards.
Training at-risk employee and employer populations.
Training employees and employers about high risk activities or hazards identified by OSHA through the Department of Labor's Strategic Plan, or as part of an OSHA special emphasis program.
Nonprofit organizations, including community and faith-based organizations, that are not an agency of State or local government, are eligible to apply. State and local government supported institutions of higher education are also eligible to apply.
OSHA has an annual competition for grants. The Harwood solicitation for grant applications (SGA) opportunity is published in the Federal Register. Once it has been published in the Federal Register, the SGA is posted on the government-wide Grants.gov web site. Grants.gov allows organizations to electronically find and apply for Federal grants. Grants.gov is the single access point for over 1,000 grant programs offered by all Federal grant making agencies.
Safety Business Legal Reports (Safety.BLR.com) reported on the result of a March 2004 incident in which an OSHA inspector observed, video taped and interviewed construction workers installing a new roof without fall protection. OSHA originally issued three citations. A hearing with an administrative law judge resulted in two citations being dropped. The remaining citation had a fine of $56,000. This fine appealed to the 3rd Circuit.
The construction foremen presented several arguments attempting to show that the employees were at fault, not the construction company. The judge's decision, as reported in this article was:
"The foremen argued in court that there had been one or two harnesses, not the property of that crew, on the site, but that the workers had neither asked to use them nor hunted for them. Said judges, in effect, "It's the employer's duty to provide the equipment, not the employees' duty to look for it." So judges affirmed the OSHRC fine."
The following was published yesterday by OMB Watch
Sunday's Cleveland Plain Dealerran an article by Stephen Koff highlighting a problem OMB Watch has been focusing on for the past few months: declining budgets and staffing levels at federal regulatory agencies.
As a result, agencies are finding it difficult to fulfill their missions, and regulatory failures like collapsing mines, recalled toys, and contaminated food dominate headlines. From the article:
The broader safety net - protecting children from dangerous toys, adults from tainted spinach and beef, factory workers from chemical dust that can sicken or explode, miners from underground passageways that collapse - has frayed, they say. The government's own records and statistics bear this out in many ways, showing shrinking agency budgets, personnel rosters that don't keep pace with inspection demands, and White House rejection of proposed safety rules.
As agency budget and staffing levels have shrunk, regulated entities have grown. In 1981, the Food Safety Inspection Service (FSIS) — the federal regulator in charge of meat, poultry, and egg products — employed about 190 workers per billion pounds of meat and poultry inspected and approved. By 2007, FSIS employed fewer than 88 workers per billion pounds, a 54 percent drop.
The Occupational Safety and Health Administration (OSHA) has also been unable to keep up with its responsibility to enforce safety regulations in the workplace. In 1980, OSHA had approximately three staff members for every 100,000 American workers. By 2006, it had only 1.5 staff members. In 1980, OSHA and state regulators conducted 1.77 inspections per 100,000 workers. By 2005, OSHA and the states conducted only 0.668 inspections per 100,000 workers — a 62 percent drop.
The resource shortfalls of the Consumer Product Safety Commission have been well-documented; but the situation appears even worse when comparing the agency's budget and staffing levels to one of the fastest-growing yet most dangerous products it regulates — all-terrain vehicles. In 1988, when CPSC began regulating ATVs after settling a lawsuit with manufacturers, the agency employed more than 36 staff members for every 100,000 four-wheel ATVs in use. By 2004, CPSC employed fewer than seven staff members for every 100,000 ATVs. Meanwhile, old regulations have expired and the Bush administration has stalled the development of new standards.
As Koff points out, the decisions by multiple presidents and congresses to shortchange federal agencies has undermined a long-standing national focus on public protection:
The result: The era of government as consumer protector, born of 1960s and '70s activism, has faded.
Nearly Three Workers Killed And 123 Injured Every Day
The following is a press release from the National Work Zone Safety Information Clearinghouse. This week is National Work Zone Awareness Week (April 7-11)
Washington, D.C. — In 2006, 1,010 people were killed in roadway work zone crashes. According to the National Work Zone Safety Information Clearinghouse, more than 1,000 people are killed and 45,000 injured annually in roadway construction zones accidents. The facility released the statistics today as part of National Work Zone Awareness Week, which is aimed at drawing greater public attention to this serious—and often overlooked—public health issue.
A newly redesigned and comprehensive state-of-the-art website contains a wealth of information dedicated to improving safety in these sites for both motorists and workers. Transportation design, construction and safety executives, public officials, the news media and general public are encouraged to check out www.workzonesafety.org to find:
ARTBA-TDF has another unique program aimed at putting a “public face” on the safety risks associated with road construction zones. Established in 1999 with a generous contribution from brothers Jack and Stan Lanford, two Virginia highway contractors and past ARTBA chairmen, the “Highway Worker Memorial Scholarship” provides post-high school financial assistance to the children of highway workers who have been killed or permanently disabled on the job.
More than 50 scholarships have been given to worthy students from around the country. The program is the ARTBA Foundation’s modest way of giving something back to the families who lost loved ones in work zone accidents.
Check out this special video to learn more about how you can help support the scholarship.
For further information about any of ARTBA’s safety and training programs, contact Brad Sant at 202-289-4434.
This week I've been focusing on articles showing an increasing level of public dissatisfaction resulting from a perception that OSHA is not doing the job it should be doing. I'll finish the week with this article from yesterday's edition of the Quad Cities Dispatch. It reports that "A one-time superintendent for a Carbon Cliff roofing company faces federal criminal charges for allegedly obstructing an investigation into the accidental death of an employee."
The U.S. Attorney's Office for the Central District of Illinois has filed a criminal complaint against Stephen F. Vyncke, an employee of Winter's Architectural Roofing in Carbon Cliff. He is charged with obstructing an OSHA investigation.
I usually travel to Moscow twice a year, as well as visiting other parts of Russia. The Russian people are wonderful, friendly and offer unbeatable hospitality. I love the time I spend in Russia. I had nothing to do with this YouTube video, but sometimes what I've seen in Russia reminds me of things I saw on construction sites in the U.S. in the early 70's. From what I read Russia is working hard at improving workplace safety, but sometimes when the priority is to get the job done, safety becomes secondary.
The congressional safety hearings being conducted this week were prompted by the series of articles in the Charlotte Observer in mid-February (see blog posts Pain Behind Safety Streak and Do Employers Underreport Worker's Injuries). This week's hearing is the first of three scheduled congressional hearings. The Charlotte Observer summarized the testimony given in Tuesday's hearings in an article published yesterday.
The article reported "Saying companies that ignore workplace hazards face little more than a 'slap on the wrist,' lawmakers on Tuesday called for stiffer penalties and stronger enforcement against chronic violators."
The series of articles, in the Las Vegas Sun, about OSHA's lack of enforcement continues today in an article called OSHA up for rare inquiry.
The article reports that: "Nine construction workers have died in eight accidents at CityCenter, Cosmopolitan, Fontainebleau, Trump and Palazzo over the past 16 months. The Sun reported this week that Nevada OSHA investigators have found a pattern of safety violations on construction sites but routinely withdrew or watered down their citations after meeting privately with contractors."
The public response to this series in the Las Vegas Sun can be read in some of the comments added to the article, such as:
"I cannot help but believe that OSHA is on the take. So many fatalities and so little action. It just does not make sense. The fines are so minimal to begin with. If you compare the dollars here, the fines being levied against these companies when a life is lost is not even their weekly payroll."
The following press release was issued by Change to Win, a partnership of seven unions.
The Cintas Corp. was criticized today in a U.S. Senate hearing for having a dangerous pattern of disregarding worker safety. The hearing, held by the Employment and Workplace Protections Subcommittee of the Health, Education, Labor and Pensions (HELP) Committee, sought to hold leading corporations like Cintas accountable for repeated safety violations.
"What is most disturbing to me is that these tragedies are happening over and over again in the same industries. And they are happening far too often at the same companies -- where workers are doing jobs that their employers know are dangerous and unsafe," stated Subcommittee Chairwoman Patty Murray (D-Wash.).
Not even multiple citations and record breaking proposed penalties have persuaded Cintas to eliminate the kinds of violations that led to the March 2007 death of Tulsa, Oklahoma, worker Eleazar Torres Gomez. More than one year after this fatality, Cintas workers report they continue to face the same kinds of potentially lethal dangers in their plants. The Occupational Safety and Health Administration (OSHA) is currently investigating these hazards in an Illinois Cintas laundry.
In addition to Cintas, Senators heard testimony about pork producer Smithfield Farms, garbage collector Waste Management, and residential construction developer Avalon Bay. While these employers are from vastly different industries, like Cintas, they have made choices that increased the risk of injury or illness to their workers.
The hearing also addressed OSHA's failures to investigate and remedy corporate-wide health and safety violations as a result of ineffective enforcement tools and inadequate resources.
"To prevent accidents, instead of only assigning blame afterward, OSHA needs to root out the source of these problems," said Sen. Edward Kennedy (D-Mass.), HELP Committee Chairman. "A broad-based approach to enforcement has the power to transform workplace accidents from senseless losses to catalysts for changes that save lives."
Witnesses made several suggestions to reform OSHA including passage of the Protecting America's Workers Act. This bill would expand the protection of the Occupational Safety and Health Act, strengthen the agency's ability to enforce the law and increase criminal penalties for the most egregious safety violations.
"OSHA and America's working families need your help to send a clear message to negligent employers: Workers lives must be valued more than profits," Change to Win Health and Safety Coordinator Eric Frumin told senators. "The Protecting America's Workers Act is a good first start. But much more is needed to prevent more families, like the Torres family in Tulsa, from mourning because of unsafe jobs."
Senator Sherrod Brown (D-Ohio) agreed. "Workplace safety isn't an option, it's an imperative," he said. "American workers built this nation's prosperity, and it is in our nation's interest to protect their health and safety in the workplace."
BST testifimony at the Employment and Workplace Safety Subcommittee hearing on serious OSHA violations states that safety program effectiveness is influenced by the culture that leaders create.
In a hearing yesterday before the U.S. Senate Subcommittee on Employment and Workplace Safety, Behavioral Science Technology, Inc. (BST) testified that organizational leaders strongly influence the effectiveness of injury reduction programs through the cultures they create. Data show that safety outcomes markedly improve in companies that take a holistic approach to improvement activities that includes giving leaders an active role in safety functioning.
BST executive consultant Carmen Bianco cited results from more than 150 client sites in North America to show that companies reduce injuries more effectively with a comprehensive employee-engagement approach than with traditional safety programs alone. Companies in the study group achieved an average 25% reduction in injury rate after the first year, increasing to an average 65% improvement after five years.
"Traditional safety programs are essential but not sufficient for excellence," says BST chief operating officer Scott Stricoff. "Business systems, management decisions, and the culture as a whole all influence how effectively safety systems perform. Engaging executives, managers, and supervisors helps companies align the business to work with, not against, the safety objective."
According to U.S. Bureau of Labor Statistics data, work-related accidents injure more than four million workers, and cause more than 5,000 worker fatalities, every year. Workplace injuries are estimated to cost U.S. businesses in excess of $120 billion dollars annually.
As I read the news across the internet a topic I have not covered here has been what appears to be a growing discontent with OSHA's enforcement activities, or perceived lack of enforcement activities. This has seemed to me to be more of a political issue than a safety issue. I've wondered whether the type and the tone of attacks on OSHA will change after this November's election.
However, an article in yesterday's Las Vegas Sun, called "OSHA Goes Easy", highlights a growing problem for OSHA, and for safety professionals. I suggest reading the article and all of the comments added by Las Vega Sun readers. There is also a video included as a part of the article. The caption for the video reads:
"For family members featured in this video, the light response from government authorities has compounded the mourning process. Others wonder: Is safety sacrificed in the rush to build? CityCenter developer MGM Mirage says no. 'We’re very concerned about safety in everything we do, whether it’s a room remodel or something as enormous and complex as CityCenter,' MGM Mirage spokesman Alan Feldman said. 'For the number of people on the site and the amount of activity going on, we can be very proud of the fact that we have a very safe environment in which to work.'"
I find Mr. Feldman's statement to be disturbing. It as though he is saying that if you have a large number of people on a job site, then some accidents and even a death are acceptable. Hopefully that is not what he meant.
But what about OSHA's finding and reduction of the fine? What most of the public does not understand is that the level of an OSHA fine is not intended to provide punishment for a death, it is intended to reflect the seriousness of the hazard and how the company has responded both in the past and present. But, as this article shows, that's not what the public sees.
What do you think? Has OSHA's focus on programs such as VPP been a good thing or should they be putting more emphasis on enforcement and imposing fines? Please feel free to add your comments here.
