OSHA to focus on forklift hazards in four states

Today's post comes from G.Neil's HR News Weekly:

Under a new regional inspection program, the Occupational Safety and Health Administration (OSHA) hopes to reduce fatalities and serious injuries caused by forklifts and powered industrial trucks. The program will focus primarily on employer compliance in warehouses and service companies in the states of Alabama, Georgia, Florida and Mississippi. (If a company is the subject of a complaint inspection or site-specific targeting inspection, however, it will be checked for forklift violations, too).

Inspections will cover:

•    Operator training – Employees should be trained for the specific vehicle they’re operating (and each vehicle they operate), and re-evaluated every three years, per OSHA standards. OSHA investigators will observe actual forklift operations and interview employees to determine compliance with operating, traveling and loading requirements.

•    Maintenance and repair – Forklifts and powered industrial trucks should have the appropriate load plates and fully operational safety equipment. Investigators will review the shift pre-operation inspection checklist, as well as the company’s procedures for correcting equipment defects and problems.

•    Clear pathways – Just as important as proper training and the condition of the vehicles themselves are the pathways the forklifts travel. Investigators will look for clearly visible pathways, which are necessary to reduce “struck by” hazards.

Check out our Forklift Training Compliance Bundle for all the tools you need to ensure compliance – a 2-disc forklift safety training program, a forklift safety poster, a forklift operator’s daily checklist and a forklift operator evaluation form.

OSHA to focus on forklift hazards in four states

Are you steering clear of OSHA's top 10 safety violations?

The Occupational Safety and Health Administration (OSHA) recently shared the 10 most frequent workplace safety violations for 2010 in a presentation to the National Safety Council.

Here are the 10 safety issues that made the list:

1. Scaffolding
2. Fall Protection
3. Hazard Communication
4. Respiratory Protection
5. Ladders
6. Control of Hazardous Energy – Lockout/Tagout
7. Electrical-Wiring Methods
8. Powered Industrial Trucks
9. Electrical – General
10. Machine Guarding

How safe and sound is your workplace? More important, what are you doing to build awareness and train your employees on proper safety procedures? With the right training resources, you can help prevent these top 10 safety offenses and avoid costly OSHA penalties.

Are you steering clear of OSHA's top 10 safety violations?

Employers can expect a spike in OSHA penalties under new policy

As part of a longer-term enforcement plan, the Occupational Safety and Health Administration (OSHA) is moving forward with a new, stricter administrative penalty policy that became effective October 1, 2010. Many experts felt that OSHA’s penalties, which have been around since the early 1970s, were too low to act as a deterrent. A handful of penalty adjustments will have a much wider, harder-hitting effect on employers.

Under the new policy, the time period for reviewing an employer’s past history of OSHA violations – to determine a “repeat” violation and any penalty increases or reductions – will expand from three to five years. An employer who has been cited by OSHA for a high-gravity, serious, willful, repeat or failure-to-abate violation within the last five years will receive a 10% penalty increase, up to the statutory maximum. (At the same time, any employer who has been inspected in the last five years and has none of these violations will receive a 10% penalty reduction.)

Among the other adjustments with the new policy:

• High-gravity, serious violations under OSHA’s Severe Violators Enforcement Program (SVEP) don’t have to be grouped but, rather, can be cited as separate violations with their own penalties

• OSHA officers can consider the gravity of serious violations (the severity and probability of an injury/illness resulting from a hazard) to issue penalties ranging from $3,000 to $7,000

• Employers with 251 or more employees will not receive any penalty reduction for employer size

• Good-faith procedures will continue, where employers can earn a reduction if they have a solid safety and health program in place, and are clear of any high-gravity, serious, willful, repeat or failure-to-abate violations

• Also retained is the 15% “quick fix” reduction for employers who immediately address any hazards identified in an inspection

• The minimum proposed penalty for a serious violation will increase to $500, and the minimum penalty for a posting violation will increase to $250 (if OSHA previously provided the company a poster)

In light of OSHA’s new penalty policy, you should carefully audit your safety and health program, remove all workplace hazards, enhance your safety practices, and properly document accidents and injuries. Check out our OSHA recordkeeping forms and tools for clear direction and easier compliance.

Employers can expect a spike in OSHA penalties under new policy

Federal agencies to bump up enforcement in 2010

Last year a number of federal agencies increased their compliance enforcement efforts, including the Department of Labor (DOL), Internal Revenue Service (IRS), Equal Employment Opportunity Commission (EEOC), Occupational Safety and Health Administration (OSHA) and Department of Homeland Security (DHS). Recent actions by these agencies suggest that this trend will continue in 2010:

• Designed to raise employee awareness of their rights under the Fair Labor Standards Act (FLSA), the recently launched, DOL-sponsored We Can Help campaign will undoubtedly increase the number of employee wage and hour complaints to the agency. The campaign is actively targeting the country’s lowest-paid workers, regardless of citizenship status, and encourages them to submit information, including pay stubs and hours of work, via the agency’s website. In addition, the DOL received a significant uptick in funding for 2010, and is requesting more in its proposed 2011 budget.

• Immigration enforcement is a priority for the Obama administration, and the DHS is following through with plans to conduct 25,000 on-site inspections at companies who employ workers with H-1B visas – an increase of nearly 20,000 over the previous year.

• Secretary of Labor Hilda Solis has promised more OSHA inspections, and employers can expect to see a shift to a more aggressive, citation-based approach from OSHA. Last year, between July and September, OSHA performed nearly 700 inspections and issued over 1,000 violations that resulted in $1.6 million in fines.

Enforcement efforts like the We Can Help campaign and others underscore the importance of maintaining strict compliance with federal regulations, including those covering labor, safety, tax, immigration and employment law. Stay tuned for more updates as they come.

Federal agencies to bump up enforcement in 2010

OSHA issues a new program to prevent chemical-related workplace hazards ... more safety inspections to follow

Effective July 8, 2010, a new directive by OSHA will assist enforcement personnel in carrying out a National Emphasis Program to eliminate workplace accidents associated with the catastrophic release of highly hazardous chemicals. The PSM Covered Chemical Facilities National Emphasis Program will include programmed inspections in three regions:

• Region I – Vermont, Maine, Massachusetts, Connecticut and Rhode Island
• Region VII – Nebraska, Kansas, Iowa and Missouri
• Region X – Alaska, Washington, Oregon and Idaho

Unprogrammed inspections will be conducted in seven other OSHA regions, as well.

(Basically, programmed inspections are based on “objective or neutral” criteria, while unprogrammed inspections are in response to “alleged hazardous working conditions that have been identified at a specific worksite.”)

The new directive will focus primarily on chemical processing facilities, refineries, and water and/or wastewater treatment facilities. More than 15,000 facilities nationwide could face inspections as a result.

Improve your safety practices and prepare for an OSHA inspection with the ComplyRight™ SolveIt Now™ Answers to All Your Questions: OSHA Compliance.

OSHA issues a new program to prevent chemical-related workplace hazards ... more safety inspections to follow

OSHA cracking down on careless employers who endanger workers

In an effort to reduce the number of workers seriously injured or killed while on the job, the Occupational Safety and Health Administration (OSHA) recently developed the Severe Violator Enforcement Program (SVEP). The program will take aim at employers who “have demonstrated indifference to the OSHA obligations by willful, repeated, or failure-to-abate violations.” How they’ll do this is through increased and more aggressive worksite inspections, follow-up inspections and greater penalties for safety violations.

Employers of all sizes will fall under the scrutiny of the SVEP, with the following incidents drawing particular attention:

1) Fatality and/or catastrophe situations resulting in three or more hospitalizations or the death of an employee
2) Non-fatality and/or catastrophe situations where you’ve exposed an employee to one of the most severe workplace hazards, including “high-gravity serious violations,” such as fall hazards, combustible dust hazards and lead hazards
3) Hazards due to the potential release of a highly hazardous chemical
4) Any violation considered “egregious” (conspicuously bad or offensive) under current OSHA obligations

The consequences for an employer on the SVEP list are equally severe. First, if just one of your facilities has come under fire, OSHA may order a nationwide inspection of all your facilities. There will be mandatory follow-up investigations at every facility, and OSHA will publicize your citations and violations.

Then there’s the financial hit. Over the next couple of months, the maximum penalty for a violation causing death or serious physical harm will increase from $7,000 to $12,000 – and the maximum penalty for a willful violation will increase from $70,000 to $250,000. (Penalties have increased only once in 40 years, despite inflation.)

June is National Safety Month. Are you doing everything possible to create a safer, OSHA-compliant workplace? Meet OSHA safety standards and prevent injuries year-round with G.Neil’s training and compliance solutions.

OSHA cracking down on careless employers who endanger workers

Texas oil refinery receives record-breaking OSHA fine

A mind-boggling $87,430,000. That's the amount the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is proposing in penalties to BP Products North America, Inc. The reason? Failure to correct potential hazards to its employees.

BP's Texas City, Texas, refinery experienced a massive, fatal explosion in March 2005 that killed 15 workers and injured 170. In September of that year, BP entered into a
settlement agreement, committing to corrective actions that would eliminate the types of hazards responsible for the 2005 incident. Yet, after a recent six-month inspection,
OSHA is not satisfied with BP's efforts and has now issued this record-breaking $87 million fine.

"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.

Solis also shared this stern message regarding BP's safety oversights:

"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."

Texas oil refinery receives record-breaking OSHA fine

Company faces serious OSHA violations and fines, third year in a row

Neglectful businesses that take safety shortcuts and fail to protect employees can bet that they will soon find themselves subject to strict Occupational Safety and Health Association (OSHA) investigations and owing steep penalty fines.

At most cases, one negative OSHA inspection is all it takes to turn a company’s poor safety standards around. For some, like 4 Brothers Stucco Co., the third time’s a charm.

OSHA has proposed $118,650 in fines against the Cleveland, Tenn.-based 4 Brothers for 15 alleged repeat violations of safety standards, making this citation the third in three consecutive years for the stucco contractor.

The latest inspection discovered employees exposed to falls of up to 22 feet when working on scaffolding, in an aerial lift and on the roof of a worksite. OSHA also identified electrical, overhead and chemical hazard communication (HAZCOM) weaknesses at the worksite.

"These sizable fines reflect both the seriousness and recurring nature of several of the conditions cited here," said C. William Freeman III, OSHA's area director in Hartford, Conn. "Keep in mind that falls are the number one killer in construction work and can occur in an instant. Be it a scaffold, an aerial lift, or a roof, proper and effective fall protection must be in place and in use at all times."

The latest inspection resulted in six repeat citations for violations ranging from no fall protection for employees in an aerial lift, to workers not wearing helmets and employees not trained to recognize scaffold hazards. Similar violations were also found in 2007 and 2008.

OSHA issues serious violations in instances where death or serious physical harm could result, and the employer knew or should have known about the danger.

It’s most important to note that out of the latest set of nine serious citations 4 Brothers received included “lack of a hazard communication program, training, material safety data sheets, and protective gloves for employees working with cement and hazardous chemicals.”

There’s an alarming trend emerging as the economy suffers that has more businesses including necessary OSHA safety training in their budget cuts. It may seem like cutting safety training could help some companies save money, but it will only put more workers at risk for serious injury and death, leading to increased OSHA fines, workers’ compensation claims and wrongful injury lawsuits.

With the total cost of work-related injuries in the U.S. is more than $50 billion annually, it should be a clear sign that cutting workplace safety corners, especially employee safety training, puts the success of your business in serious danger.

As our country continues to work through this recession, the demand for cost-effective safety training has never been higher. G.Neil is answering that call with affordable safety training products that take the guesswork out of OSHA compliance and help keep your employees safe from workplace hazards.

Company faces serious OSHA violations and fines, third year in a row