OSHA’s Agenda for New Regulations

December 18, 2006

On December 11, OSHA published its semiannual regulatory agenda, which includes its plans to revise the Hazard Communication Standard, the standards for beryllium, lead in construction, excavations, walking and working spaces, electrical power transmission, explosives, and employer payment for PPE. 

Tips for Safe Office Parties

The office is frequently a place where employees and employers get together to celebrate special events. Office parties typically mean lots of music, food, and drinks. If the drinks include alcohol, however, office parties can have very unfortunate consequences. Opinions vary regarding the appropriateness of making alcoholic beverages available at office parties or other company-sponsored events. Ignoring the possibility that some employees or guests may drive home "under the influence" invites trouble.

Improper use of alcohol may expose employers to liability under tort, workers' compensation or other laws. For example, an employer may be held liable if a person consumes alcoholic beverages at a company-sponsored party and subsequently causes a crash. Some employers have been held liable because negligent acts by employees under the influence of alcohol consumed at employer-sponsored events were found to be within the scope of their employment. In other cases, individuals have been held liable merely because they provided alcohol to social guests.

The only sure way for employers to avoid potential liability for alcohol-related crashes is to not make alcohol available. Moreover, employers should let employees know they are not to bring any alcoholic beverages to an office party.

However, if an employer does decide to provide or allow alcoholic beverages at an office event, state laws regarding their use and resulting employer legal responsibilities should be consulted and addressed.

Here are nine steps from the U.S. Department of Labor that you can take to minimize any negative consequences of alcohol consumption.

Nine Tips for Office Celebrations


1. Be honest with employees.
Make sure your employees know your workplace substance abuse policy and that the policy addresses the use of alcoholic beverages in any work-related situation and office social function.

2. Post the policy. Use every communication vehicle to make sure your employees know the policy. Prior to an office party, use break room bulletin boards, office e-mail and paycheck envelopes to communicate your policy and concerns.

3. Reinvent the office party concept. Why have the typical office party? Try something new like an indoor carnival, group outing to an amusement park or volunteer activity with a local charity.

4. Make sure employees know when to say when. If you do serve alcohol at an office event, make sure all employees know that they are welcome to attend and have a good time, but that they are expected to act responsibly.

5. Make it the office party of choice. Make sure there are plenty of non-alcoholic beverages available.

6. Eat...and be merry! Avoid serving lots of salty, greasy or sweet foods which tend to make people thirsty. Serve foods rich in starch and protein which stay in the stomach longer and slow the absorption of alcohol in the bloodstream.

7. Designate party managers. Remind managers that even at the office party, they may need to implement the company's alcohol and substance abuse policy.

8. Arrange alternative transportation. Anticipate the need for alternative transportation for all party goers and make special transportation arrangements in advance of the party. Encourage all employees to make use of the alternative transportation if they consume any alcohol.

9. Serve none for the road. Stop serving alcohol before the party officially ends.

 

OSHA Cites Shipman Inc. Following Worker Fatality

OSHA has cited Shipman Inc. after a worker died from a fall at the company's worksite in Hueytown, Ala. The agency is proposing penalties totaling $61,300.

"This tragic accident should not have happened," said Roberto Sanchez, OSHA's area director in Birmingham. "It could have been avoided if the employer had assured that adequate fall protection procedures and training programs were in place."

OSHA's investigation began in response to the accident that took place June 13 as employees of the company were erecting a prefabricated metal building. A worker lost his balance and fell more than 30 feet to a concrete floor.

Shipman was cited for two alleged repeat violations of safety and health standards. The citations, with proposed penalties of $39,500, were issued for hazards associated with the lack of fall protection while engaged in steel erection activities and the improper use of work platforms on vehicles. The company was cited for similar violations in October 2005.

OSHA also issued citations for seven alleged serious violations and proposed penalties of $21,800. These citations included lack of adequate protection from falls; use of improper anchor points; failing to train employees in proper safety procedures; and exposing workers to other hazards. Serious citations are issued when there is a substantial probability that death or serious physical harm could result from hazards about which the employer knew or should have known.

 

OSHA Fines Masonry Contractor for Silica and Acid Hazards at Medaille College Jobsite

An Orchard Park, N.Y., masonry contractor's alleged failure to adequately protect employees against hazards at a Medaille College jobsite in Buffalo has resulted in $44,700 in proposed fines from OSHA. Pepe Construction Inc. was cited for a total of seven alleged willful and serious violations of health and safety standards following an OSHA inspection begun July 7, in response to a complaint.

Company employees were grinding out existing mortar between bricks, acid washing brick walls, and repointing brick on a building. They were exposed to airborne crystalline silica generated by the grinding. Overexposure to crystalline silica can result in silicosis, a disabling, nonreversible, and sometimes fatal lung disease.

OSHA found that the company had failed to train employees on hazards associated with crystalline silica exposure as well as hazards associated with acid-containing chemicals used to wash the brick. OSHA's hazard communication standard requires that employees receive training about hazardous chemicals and substances to which they are exposed.

"Hazard communication training is essential when employees work with substances or chemicals such as silica and acid," said Art Dube, OSHA's area director in Buffalo. "If employees aren't trained to recognize exposure hazards, then they won't know what symptoms to look for and what safeguards can protect them. Training and knowledge are critical tools that can prevent serious illness or injury."

OSHA also found that employees were exposed to excess levels of silica and were not provided medical evaluations, training, and respirator fit-testing, while employees who performed acid washing were not provided eye and face protection. In addition, the company lacked a written hazard communication program.

As a result, OSHA issued the company one willful citation, with a proposed $33,000 fine, for the lack of hazard communication training and six serious citations, carrying $11,700 in proposed fines, for the remaining items. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. A serious citation is issued when death or serious physical harm are likely to result from a hazard about which the employer knew or should have known.

The company has elected to contest its citations before the independent Occupational Safety and Health Review Commission.

OSHA, Illinois Health Care Association to Extend Safety and Health Alliance

OSHA recently signed an alliance extending its collaboration with the Illinois Health Care Association (IHCA), designed to reduce and eliminate lower back and other ergonomic injuries, among many workplace safety hazards faced by healthcare workers.

The pledge to work cooperatively is an extension of an alliance signed in 2004 that provided IHCA members and others with guidance, information, and access to training resources designed to help them reduce and prevent exposure to blood-borne pathogens, ergonomic, chemical, electrical and physical hazards.

OSHA Health and Safety alliances are part of U.S. Labor Secretary Elaine L. Chao's ongoing efforts to improve the health and safety of workers. Alliances provide an opportunity to participate in a cooperative relationship with OSHA for purposes such as training and education, outreach and communication, and promoting a national dialogue on workplace safety and health.

"The significance of this agreement is the proactive approach and commitment of a fine organization that supports long term care facilities throughout the state, and the government to eliminate workplace hazards," OSHA Regional Administrator Michael Connors explained. "Sharing resources and information is the best manner to voluntarily promote safety and health." Connors signed the agreement on behalf of OSHA.

OSHA Renews Safety and Health Partnership with Underground Contractors Assn. of Illinois

The Underground Contractors Association of Illinois, Itasca, Ill., and OSHA have agreed to renew their partnership designed to promote workplace safety and health through cooperative training and education.

"By renewing this agreement, we've extended a successful project that continues to demonstrate that we all benefit when management, labor, and government dedicate themselves to providing a safe and healthful work environment," said Diane Turek, OSHA area director in Des Plaines, Ill. "We are confident the cooperative effort will continue to help reduce injuries and fatalities."

The primary goal of the partnership is to ensure that workdays lost to injury stay below the national average for participating companies, increase training conducted by participating companies, and reduce violations of OSHA regulations, particularly in the areas of trenching and excavation.

"Trenching fatalities are among the most heartbreaking of workplace tragedies because they are totally preventable," Turek continued. "This agreement continues to help employers send their workers home safe to their families at the end of every shift."

Strategic Partnerships for Worker Safety and Health are part of U.S. Labor Secretary Elaine L. Chao's ongoing efforts to improve the health and safety of workers through cooperative relationships with trade associations, labor organizations and employers.

Since its Strategic Partnership Program began in 1998, the Occupational Safety and Health Administration has formed more than 410 partnerships impacting more than 20,000 employers and one million employees across the United States. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach, and education; establishing partnerships, and encouraging continual process improvement in workplace safety and health.

OSHA Again Cites Wheeler Logging Co. of White Swan, Wash., for Safety Violations

OSHA has issued failure-to-abate, repeat, serious, and other-than-serious citations against Wheeler Logging Co., a contract timber harvesting company, for alleged safety violations found during inspections at the company’s work sites in White Swan and Glenwood, Wash. The citations carry proposed penalties totaling $103,400.

The inspections were initiated as a follow-up to an OSHA fatality inspection conducted in 2005 that found numerous violations resulting in citations issued to Wheeler Logging Co. The company neither responded to the 2005 citations nor paid the previous penalties.

The failure-to-abate citation addresses separation and protection of fuel storage tanks. Violations cited in 2005 have not been corrected. The repeat citations were issued for failure to provide OSHA with copies of OSHA 300 and 301 forms for reporting injuries and accidents, and for failure to label containers of hazardous chemicals.

The serious citation alleges violations related to machine guarding, compressed gas cylinders, electrical hazards and hazard communication.

The other-than-serious citation alleges violations involving fire exits, fire extinguishers and electrical hazards.

Nick Walters Takes Helm at Peoria, Ill., Office of OSHA

Nick Walters has been appointed director of the Peoria, Ill., area office of OSHA, according to Michael G. Connors, regional administrator for OSHA in Chicago.

Walters will oversee OSHA program activities throughout 88 counties in downstate and western Illinois, primarily outside of the Chicago area.

A career federal employee, Walters began his OSHA career in 1992 in the Aurora, Ill., area office. Walters, who holds a bachelor's degree in industrial technology from Northern Illinois University in DeKalb, has conducted hundreds of OSHA investigations in a wide variety of industries.

"I'm confident that employers and their employees in Illinois will find an advocate in Nick Walters for their concerns about safety and health in the workplace," Connors said.

Universal Form Clamp Cited for 40 Serious Safety Violations

OSHA has proposed $151,650 in fines against Universal Form Clamp Inc., Bellwood, Ill., for 40 alleged serious violations of federal workplace safety and health standards following an investigation into a June 14, 2006 explosion and fire at the facility that took the life of one worker.

The explosion occurred in a solvent blending area and an adjacent blending area for oil based products at the concrete formwork products manufacturer and distributor. The person who lost his life due to injuries sustained in the blast and resultant fire was an independent trucker making a delivery and not an employee of Universal Form Clamp.

Serious citations were issued against the company for violations associated with fixed industrial stairs, flammable and combustible liquids, process safety management of hazardous chemicals, hazardous waste operations and emergency response, emergency action plans, personal protective equipment, fire extinguishers, powered industrial trucks, machine guarding, and hazard communication.

"Any one of these violations has the potential to cause serious harm or death to workers," said OSHA Area Director Diane Turek. "Finding hazards and insisting they be corrected are among the best services we can perform for working men and women."

OSHA Signs New Alliance with Nurses Association

Registered nurses and other healthcare providers will benefit from a safer workplace as a result of a new alliance signed between OSHA and the Association of periOperative Registered Nurses (AORN).

"This agreement will provide AORN's members and other perioperative healthcare providers with information, guidance, and access to training resources to stay safe and healthy at work,” said Assistant Secretary of Labor for OSHA Edwin G. Foulke, Jr. "The alliance will particularly focus on preventing exposure to bloodborne diseases, ergonomic injuries, and exposure to smoke generated from the use of electrosurgery units and lasers.”

Under the alliance, AORN will work with OSHA to develop training and education programs for AORN members and others regarding the prevention of percutaneous injuries. AORN will also work with OSHA to develop information in the recognition and prevention of workplace hazards and to develop ways of communicating this to employers and employees in the industry.

"The provision of patient care cannot be separated from the health and safety of the perioperative care givers. Establishment of a safe work environment provides a means to protect perioperative caregivers from occupational injuries. This alliance is an opportunity for OSHA and the perioperative nursing community to work together to educate people to work safely in order to avoid debilitating occupational injuries,” said Paula Graling, AORN president.

AORN is a professional association for perioperative registered nurses and promotes excellence in perioperative nursing.

The association's mission is to promote quality patient care by providing its 40,000 members with education, standards and services.

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