Closer OSHA scrutiny requires more careful accident recordkeeping

Due to unusually low incidence rates in traditionally high-rate industries, the Occupational Safety & Health Administration (OSHA) will be cracking down on recordkeeping violations in the coming months. On October 1, OSHA announced a national emphasis program (NEP) on recordkeeping to assess the accuracy of injury and illness data recorded by employers.

The underreporting of workplace injuries and illnesses is a serious issue, one which OSHA hopes to change through this program.

“Accurate and honest recordkeeping is vitally important to workers’ health and
safety,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “This
information is not only used by OSHA to determine which workplaces to inspect,
but it is an important tool employers and workers can use to identify health and
safety problems in their workplaces.”

Inspections will include a review of records, employee interviews and a safety and health inspection of the workplace. While the focus under the NEP will be on high-rate industries that OSHA suspects is underreporting incidents, all organizations should be on alert regarding their accident recordkeeping practices.

Are you confident your injury and illness records are in full OSHA compliance? OSHA requires you to record incidents on these three forms:

300: Log of Work-Related Injuries and Illnesses. Log each recordable occupational injury or illness on this form within seven working days of learning about it.

301: Injury and Illness Incident Report. On this form, you describe each incident in greater detail. Fill it out within seven days of learning about an incident. An on-the-job injury or illness must be recorded if it results in any of the following: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness. “Significant” injuries or illnesses, as diagnosed by a licensed health professional, also must be recorded, even if they don’t result in days away from work or any of the other conditions listed above.

300A: Summary of Work-Related Injuries and Illnesses. This form, which summarizes the number and nature of on-the-job injuries and illnesses for a calendar year, must be posted in a conspicuous place by February 1 of the following year and remain on view through April 30. Although the 300A may not need to be posted for a few months yet, filling it out won’t be easy unless you’ve been keeping up to date with the other forms.

Closer OSHA scrutiny requires more careful accident recordkeeping

Courts "weigh" in on controversial employee lawsuit involving injury and obesity

“An Indiana court has ruled that a pizza shop must pay for a 340-pound employee's weight-loss surgery to ensure the success of another operation for a back injury he suffered at work,” says the Huffington Post.

Under the Indiana court’s ruling (and an earlier decision by the state’s worker’s compensation board), Boston’s The Gourmet Pizza must pay for lap-band surgery for the plaintiff. The employee, who weighed 340 pounds at the time of the accident in March 2007, was accidentally struck in the back by a freezer door. He was told by doctors that he needed surgery to alleviate his severe pain, but for the surgery to be successful, he’d first need to lose weight (which rose to 380 pounds after the accident).

While his employers agreed to pay for the back surgery, they declined covering the recommended $25,000 weight-loss operation, pointing out that the employee was already obese before the accident. The courts saw it differently, however. They concluded that the surgery should be covered, since the employee’s weight and the accident had combined to create a single injury.

"There's actually a string of cases across the country that have reached similar conclusions," says the employee’s attorney, Rick Gikas. He cites cases in Ohio, California, Oregon, Florida and South Dakota, including some dating back to 1983.

As you might imagine, cases like these are especially concerning for employers – on both a legal and an emotional level. One, because of the cost implications with workers’ compensation claims and court cases. And two, because it’s easy to conclude that obesity is the employee’s “fault” and that it’s not fair for an employer to foot the bill for expensive weight-loss procedures.

But are these concerns significant enough to influence how you treat overweight individuals in the workplace – not hiring an obese candidate, for example?

"Legally, you cannot refuse to hire this 350-pound person because they're 350
pounds. That's illegal. But you might find some other reason not to hire them,"
says Tom Lynch, CEO of Lynch, Ryan & Associates, a consulting firm that
helps businesses manage workers’ compensation.

With one-third of Americans now considered obese (a body mass index of 30 or more), weight (and weight bias) in the workplace are issues that can’t be ignored. After all, what an employer might overlook or dismiss with obesity-related issues, the courts will not.

Courts "weigh" in on controversial employee lawsuit involving injury and obesity

More cutting OSHA training, taking chances with employee safety

In the wake of our country’s recent economic challenges, a disturbing trend has emerged that could cause a spike in employee injuries and safety violations. Recent reports show that many companies are taking their chances with employee safety by including vital OSHA safety training in this year’s budget cuts.

Delaying, trimming back or even eliminating employee safety training may result in an oncoming flood of new workplace injuries or even fatalities. Along with the danger to employees, businesses face the additional risk of increased OSHA fines, workers’ compensation claims and wrongful injury lawsuits.

Evidence of this hazardous trend can be seen in states like North Carolina, where the number of workplace deaths increased by 31 percent in 2008 after three years of steady decline, according to the Charlotte Observer.

The sagging economy could exacerbate the trend. Labor department officials worry workers could be in greater danger if companies scrimp on safety to make ends meet.

Department spokeswoman Dolores Quesenberry said Wednesday that company training and other safety initiatives are often among the first to go during hard economic times. “That's one of the first messages we want to get to employers: Make sure your employees are trained. It's not worth a life.”

According to a survey of safety professionals by Kimberly-Clark Professional, U.S. workers are putting themselves at risk by not complying with important safety procedures and failing to wear personal protective equipment (PPE).

Key findings of the survey:

• 89% of safety professionals have witnessed workers not wearing PPE when they should
• 33% cited compliance with safety protocols as the top workplace safety issue in their facilities
• 34% said the economy affected their worker safety training programs or resources
• 63% of those impacted by the economy said it had led to less money for safety education and training
• 33% of those impacted by the economy said business concerns get more attention than safety concerns during tough economic times

With the cost of work-related injuries in the US totaling more than $50 billion a year, businesses can’t afford to cut any corners when it comes to employee safety training and equipment. The financial burden of just one serious injury or fatality could put your company out of business forever.

As the economy falters, the need for more inexpensive safety training has never been more critical. G.Neil is meeting the challenge with new products that make safety training and OSHA compliance easier and affordable. From forklift training videos to safety posters, our wide variety of products can help you complete mandatory OSHA training without jeopardizing your budget or employee safety.


Related information:

Press release: Skipping OSHA safety training could spell death for employees

More cutting OSHA training, taking chances with employee safety

Workplace deaths down, OSHA proposes new PPE rule

On-the-job deaths in 2007 dropped to a historic low, evidence that worker safety and health programs are working, according to the Bureau of Labor Statistics.

Last year there were 5,488 worker deaths, the lowest number the Bureau of Labor statistics has seen since they began tracking the statistic in 1992.

"This is continued evidence that the initiatives and programs to protect workers' safety and health, designed by and implemented in this administration, are indeed working," Labor Secretary Elaine Chao said.

The most dangerous jobs in the U.S. (fatal injuries per 100,000 workers) are:

• Fishers and related fishing workers (111.8)
• Logging workers (86.4)
• Aircraft pilots and flight engineers (66.7)
• Structural and steel workers (45.5)

In the private sector, the construction industry is the most dangerous, with 1,178 deaths in 2007, a five percent decrease from the previous year.

In related news, last week the Occupational Safety and Health Administration (OSHA) announced in the Federal Registrar that it is taking public comments on a proposed rule regarding Personal Protective Equipment (PPE) and training standards.

The Notice of Proposed Rulemaking (NPRM) clarifies that when OSHA requires an employer to provide PPE for an employee, the employer must do so for each employee subject to the requirement.

OSHA requires employers to use and train employees on PPE to reduce employee exposure to hazards. The new amendment clarifies that each unprotected or untrained employee may be considered a separate violation under OSHA penalties.

OSHA is accepting public comments on the proposed rule at the Federal eRulemaking Portal until September 18, 2008.

Workplace deaths down, OSHA proposes new PPE rule