The rates of workplace injuries and illnesses in 2007 occurred at a rate of 4.2 cases per 100 equivalent full-time workers—a decline of .2 cases from 4.4 cases in 2006. Also, the number of nonfatal occupational injuries and illnesses reported in 2007 went down slightly to about 4 million cases, compared to 4.1 million cases in 2006. The total recordable injury and illness incidence rate has declined by 0.2 cases per 100 workers each year since 2003, when estimates from the Survey of Occupational Injuries and Illnesses were first published using the North American Industry Classification System. Some key findings of the 2007 Survey of Occupational Injuries and Illnesses were:

* The total recordable case injury and illness incidence rate in 2007 (4.2 cases per 100 workers) was the lowest among private industry employers since 2002.

* Incidence rates and numbers of cases for injuries and illnesses combined declined significantly in 2007 for several case types: total recordable cases; cases with days away from work, job transfer or restriction; cases with days away from work; and cases with job transfer or restriction. The incidence rate and number of cases for other recordable cases remained relatively unchanged.

* Both the incidence rate and the number of injuries alone declined significantly in 2007 compared to 2006—5 percent and 2 percent, respectively.

* The total recordable case injury and illness incidence rates declined among 5 of the 19 private industry sectors—Agriculture, forestry, fishing & hunting; Mining; and Construction.

Employers cannot assume that their subcontractors will have total responsibility for the safety of their employees under a recent court ruling from the 8th U.S. Circuit Court of Appeals, based in St. Louis.  Many general contractors write into contracts with their subcontractors that the  subcontractor is totally responsible for the health and safety of their own employees. In some cases, the contracts may assume that subs take on the total responsibility for the safety of their employees.  But this court decision says that an employer can no longer avoid OSHA liability simply by subcontracting work to another entity.

If the employer maintains some degree of safety control over the worksite then that company is called a “controlling employer.”  As a controller employer, the company can be held responsible by OSHA for hazardous conditions on the site, even if they did not directly create them or expose their employees to the conditions.

General contractors should always understand their OSHA responsibilities on the worksite and that all subcontractors are following applicable OSHA rules and regulations. This may also mean that OSHA may increase its focus on work sites, particularly construction sites, where it can cite multiple employers for a single safety or health violation.  This decision also increases the potential for criminal liability for multiple employers where an employee is killed at the work site.

The decision also opens the door for OSHA to reinforce its multi-employer worksite policy.  The multi-employer worksite policy says that a company that is not considered a controlling employer can be held responsible for an unsafe condition it created even if its employee was not involved in an ensuing accident.

According to recent figures released at a DOL presentation May 12, 2009, MSHA will not be receiving much in the way of additional funding for its programs.  While OSHA get a 10 percent budget increase, MSHA will only get 2 percent.   The DOL defends their position saying that over the past several years, MSHA has received large budget increases, which have allowed the agency to step up its enforcement significantly.

However, for instance, the state grants program under MSHA, an $8 million program will not be receiving any additional monies in FY 2010.  As far as enforcement efforts, enforcement at MSHA, presently a $237 million program for 2010 is budgeted at a little over $242 million, barely a 2% increase.  From MSHA’s Office of Standards, Regulations and Variances, the 2010 budget figures show barely any increase ($50,000) in its $3 million program to promulgate new regulations.

And funding for compliance assistance to employers, which could help employers comply with mine safety regulations, working with MSHA as partners, presently is non-existent.  According to the DOL presentation, “…MSHA’s enforcement programs do not set aside funding for compliance assistance activities. MSHA offers compliance assistance to labor unions, employers and individual workers to help them understand the safety and health laws and fully comply with them…”

Furthermore, mine safety itself  isn’t highlighted in any of the budget materials.  Is protecting the nation’s miners simply not a priority for the Department?

Labor Secretary Hilda Solis warns that OSHA will increase inspections at federal worksites in connection with projects funded by the economic stimulus bill, with a special focus on construction work.  “As you undertake these new projects, please be mindful that the Department of Labor’s Occupational Safety and Health Administration may be conducting increased inspections of federal worksites…” Solis said.

She singled out construction work as including “some of the more consistently hazardous worksites,” saying OSHA would be “focusing its resources to account for the anticipated increase in construction projects and related activities” as a result of the stimulus funding.

The three-page letter further urged the other cabinet secretaries to “…take steps to safeguard both federal workers and contractors…” involved in stimulus bill projects that fund expanded infrastructure, new construction projects, or any other new work or worksites.  Solis also urged the cabinet secretaries to enroll their staff in a two-day training program OSHA will be offering for federal employees at OSHA Training Institute centers across the country.

President Obama’s fiscal 2010 budget request seeks funding for 130 new OSHA inspectors, with a special focus on foreign-speaking inspectors to address changes in workplace demographics. Solis told a Senate appropriations subcommittee May 13 that the budget request will “restore OSHA’s enforcement presence in the nation’s workplace.”

More than $88 billion in stimulus funds has been disbursed, according to the White House’s first quarterly report on the stimulus, released May 13.

Safety meetings are an integral part of any Safety Awareness Program.  The meetings are also an important part of making sure all the workers are properly trained in the various aspects of safety on the job.  Safety meetings can be held on a formal or informal basis and may encompass a wide variety of topics and issues.

The formal safety meetings are announced and preplanned in order to provide employees with information about safety week, training issues, regulations, hazard protection and many other important issues.  Informal meetings are often a short seminar about one particular issue and are a very effective way to address a specific job or task that needs attention.

It is a well known fact that a safety meeting is an excellent way to encourage safety awareness among employees.  When fellow employees get together and discuss the various issues and hazards they have encountered, together they can discuss ways to eliminate the hazards and increase each other’s knowledge in the process.

Holding a safety meeting is a great way to get employees actively involved in safety awareness and is a great way to get feedback from each other.  A safety meeting is another way of getting employees to share information about common workplace hazards and to work together to come up with a solution to address the issues brought forth.

By holding a safety meeting you are getting your employees to become aware of how to properly use protective equipment, lifting techniques and any other safety procedures.  It is also a good time to address safety hazards before they develop into larger problems.

Having a safety meeting is another way to present new safety rules, equipment and preventative measures.  It is an excellent way to talk about new rules and to refresh workers about the rules that are already in place.

A safety meeting is an excellent way to keep employees apprised of information about accident causes and types, as well as how to avoid them.  Safety meetings are a way for the company to maintain accurate accident statistical information and an important tool in tracking ways to prevent common workplace accidents.

Basic elements of safety meetings include advanced planning, proper preparations, adequate supervision and documentation.  Sometimes selecting a particular topic for a safety meeting is not such an easy task, sometimes you can choose the topics if you review new laws and industry standards, review new company policy and procedure information, evaluate current industry safety standards and asking employees which topics they want to see addressed.

The best time to hold a safety meeting is first thing in the morning when all the workers are fresh and aware.  Review the information and present any safety issues in an interesting and thorough manner, make sure the meeting begins and concludes at the projected times and present an agenda for the next meeting.

Safety meetings are an effective tool in keeping workers aware of the latest safety information in the industry.  By keeping employees up to date on current and new industry safety procedures and rules, an employer will find workplace accidents are dramatically decreased, which results in substantial cost savings for the company.

With the advent of construction booming, it is now more important than ever before to be aware of your surroundings and protect yourself against potential hazards in the workplace.  It is not only the responsibility of the company and job foreman to make certain that all risks and hazards are addressed, it is also very important that the workers be aware of their surroundings and take every precaution possible to prevent injury to themselves or others.  Construction safety awareness can result in saving lives and a drastic reduction of preventable accidents on the job site.

There is no question about it, safety must be the highest priority for anyone on a job site.  There are guidelines and protocol that are enacted to maintain a safe environment and straying from this path can result in injuries or fatalities.  This is why safety in the workplace has become an ever growing concern, and companies are investing a lot of money in making sure the highest standards are being utilized.  There are manuals and procedures that every worker must be familiar with, and most companies hire specialist to teach safety classes on a yearly basis to ensure that every employee is updated on the information.

There are many reasons why safety has become a hot topic for employers everywhere; worker safety, adhering to government standards, fines levied against the businesses for violating safety codes, injured workers, rising cost for workers compensation insurance and lawsuits are just a few of the many reasons.  Laws are designed to protect the company as well as the workers who do the jobs, but without proper safety orientation the laws are completely useless.

On the job injury factors on two issues: directly and indirectly.  Directly an injured worker can cost a company an enormous amount of money in lost revenue,workers compensation claims,  medical insurance claims and lost wages and injury pay,  are just to name a few.  Direct factors are the only ones that are going to be covered by the companies insurance carrier, so there is no direct loss of revenue to the company per say.

Indirectly, when a worker is injured on a job site accident, there are many other things that one must consider.  When there is a worker injured on a job site, management must deal with the inconvenience of a lost worker as well as the fallout that occurs because of the injury.  There may be lawsuits,the costs of legal counsel,  fines, and whether or not there is a third party involved in the accident, these factors all play an important indirect role in safety violations.

When workers, managers and supervisors adhere and enforce the safety rules and guidelines they are protecting themselves, their workers, the public and their profits.  When you can prevent an accident in the workplace it will save you time and revenue, by increase workplace effectiveness and in the cost of insurance premiums.  Failure to be in compliance with safety guidelines results in many obstacles that a business must incur, so if accidents can be prevented this will assist the business to operate more smoothly.

Good safety practices mean that the job is running smoothly which in turn generates more company revenue, and more revenue trickles down from management to the workers.  Safety is not just a word it is a concept that must be given serious credence, it must be of the utmost importance to everyone involved.  The benefits of having a company with a good safety record are that you generate a good impression of your company and draw in a better quality of workers.  All of these factors tied together, and help to create a company with a a reputation for the highest standard of safety and this in turns generates more direct revenue for the company, so in a word, safety pays.

Protecting you eyes will keep you from experiencing any unforeseen workplace accidents. Workplace eye injuries are a common occurrence and each day more than 2,000 people experience an eye injury.  Of these injuries, approximately 10-20% will result in some form of either temporary or permanent vision loss.

Some of the most common reasons for eye injuries in the workplace can be linked to flying objects (wood, glass, metal, etc.), tools, particles, chemicals, powerful radiation or any combination of these factors.  There are three things you can do now to help protect yourself against an eye injury.  You should know the eye safety dangers at your job and complete and eye hazard assessment.  Take precautions to eliminate any hazards prior to working and use machine guards, work screens or other controls.  Make sure you always use the proper eye protection on the job.

You should always wear protective eye wear on the job whenever there is a situation that presents a chance for injury.  Anyone else working in the area or even those just passing through, should always take precautions and wear protective eye wear as well.

You may be wondering what types of safety eye wear are available.  You can get safety eye wear in prescription and nonprescription, goggles, a face shield, welding helmets and in a full-face respirator.   The kind of safety eye wear you will need depends upon the hazards of your workplace.  If you work in an industry that has flying particles or objects, or dust, you should wear safety glasses with side protection at the very least.  If you work with chemicals you should wear goggles and if you are exposed to radiation, you need to use special-purpose safety glasses, goggles, face shield or a helmet designed for the job.

Safety glasses can come in glass, plastic and polycarbonate materials.  All three forms of safety glasses must meet or exceed the minimum safety standards for your industry.  Glass lenses are not easy to scratch, may be used around harsh chemicals, can be made in prescription form and can be rather heavy and uncomfortable.  Plastic lenses are lightweight, will provide splatter protection, may not easily fog up and are not as scratch resistant as glass.  Polycarbonate lenses are lightweight, protect against splatters, will not easily fog, are much stronger than glass and plastic, not as scratch proof as glass and are more impact resistant.  Whichever type you choose will depend upon your individual needs and the industry in which you work.

Protecting your eyes in the workplace does work and may prevent you from being injured or blinded. It pays to educate yourself about the workplace safety information on your job and adhere to it for your safety and the safety of those you work with.  Your eyesight is a precious thing and you should do everything possible to protect yourself against needless accidents in the workplace.

Here are some tips on what to do if an OSHA officer visits your site.

Duplicate the Compliance Officer’s moves.

If he takes a measurement or photograph, take your own measurement or photo, perhaps from another perspective for your records. If unsure, feel free to ask why he has a particular interest in a given area. Remember, whatever is in site is subject to inspection, so try to escort him via the safest route. Offer no information other than what you’re asked for- an attempt to smooth-over or talk your way out of an apparent hazard helps no one, and could be detrimental.

Conduct a closing conference.

At this time, you will review with the Compliance Officer any apparent violations and discuss possible methods and time periods necessary for correction. The compliance Officer will explain that the violations found may result in a citation and a proposed financial penalty, will describe the employer’s rights, and will answer all questions. Remember to speak only in terms of alleged violations.

Citations.

OSHA is required by law to issue citations for violations of safety and health standards. The agency is not permitted to issue warnings. Citations include: a description of the violation, the proposed penalty if any, and the date by which the hazard must be corrected. In most cases, citations are prepared at the local OSHA office and mailed to the employer. OSHA has up to six months to send the Notice of Penalty, with it usually taking two to three months on average for you to receive this notice.

Contesting/ Negotiating a Citation

Employers have 15 working days upon receipt to file an intention to contest OSHA citations. An employer may request an informal conference with the area director to discuss any citations issued if you feel an OSHA citation is unreasonable. Citations may disputed for two common causes; that the citation is false, or that the citation’s dollar penalty is excessive. Two less common but still worthy pursuits are; disputing the citation’s contention that the danger was real, serious, and that an accident was likely to occur, and that you were responsible for causing the unsafe conditions. While this may not relieve you completely of a penalty, it may count toward negotiating a better deal.

Contesting is frequently a good idea since OSHA will typically negotiate with the employer to a lesser penalty amount. The agency and the employer can then arrange a settlement agreement to resolve the dispute, and more importantly, to demonstrate that the hazards were eliminated.

Contractors who install residential concrete foundations may have had problems in the past complying with the safety regulations enforced by OSHA, mostly for personnel safety in the excavation pits. As most contractors may know, worker protection in the form of sloping pit walls, placing trench boxes around workers, or shoring vertical pit walls is strictly enforced in any excavations greater than five (5) feet in depth. This requirement was especially troublesome for residential foundations for several practical reasons.

First, the foundation excavation walls would be difficult if not impossible to slope in subdivision developments due to the closeness of adjacent foundations. Second, placing trench boxes are impractical since the foundation formwork would interfere with the trench box supports. And finally, shoring was impractical due to time constraints and economics. Foundation work is usually extremely fast-paced, and the “double work” of installing and removing shoring along with the formwork would add too much time in most subdivision work.

However, all this has radically changed. OSHA listened to the residential industry complaints and decided to rollback these excavation requirements. This was largely in part to a demonstration to OSHA of accident statistics that showed almost no injuries result from residential foundation cave-ins.

Therefore, on June 30, 1995 the U.S. Department of Labor - OSHA in Washington, D.C. issued a memorandum to all OSHA Regional Administrators announcing the “Suspension of regulation 29 CFR 1926.652 for House Foundations/ Basement Excavations”. In an effort to clarify this regulation suspension/exemption, the following information has been provided.

For references purposes, this regulation section - 29 CFR 1926.652 is the - Requirements for protective systems as found in Subpart P entitled “Excavations” of the Code of Federal Regulations for the construction industry. This section outlines the methods you are required to use for protection of employees working in an excavation such as; when and where protection is required, types of protection required (shoring, shielding, sloping and benching ), competent person responsibilities, etc.

The memorandum noted the following: “Effective immediately and until further notice, 29 CFR 1926.652 shall not be applied to house foundation/ basement excavations when all the following conditions are present.”

Note: This policy applies to all such house foundation/ basement excavations including those which become trenches by definition when formwork, foundations, or walls are constructed. This policy does not apply to utility excavations (trenches) where 29 CFR 1926.652 shall remain applicable.

Here are the following conditions:

The house foundation/basement excavation is less than seven and one-half feet in depth or is benched for at least two (2) feet horizontally for every five (5) feet or less of vertical height.

The minimum width (excavation face to formwork/wall) at the bottom of the excavation is as wide as practicable but not less than two (2) feet.

There is no water, surface tension cracks, nor other environmental conditions that reduce the stability of the excavation.

There is no heavy equipment operating in the vicinity that causes vibration to the excavation while employees are in the excavation.

All soil, equipment, and material surcharge loads are no closer in distance to the top edge of the excavation than the excavation is deep; however, when front end loaders are used to dig the excavations, the soil surcharge load shall be placed as far back from the edge of the excavation as possible, but not closer than two (2) feet.

Work crews in the excavation are the minimum number needed to perform the work.

The work has been planned and is carried out in a manner to minimize the time employees are in the excavation.

This memo of June 30, 1995 also noted “Background” information which noted:

“When promulgated, the regulations addressing excavations were intended to cover all excavations. OSHA believed that all the affected parties had sufficient time during the public comment period and the informal public hearing (a period of over one year) to raise any concerns as to problems that could be caused by the standard. All problems that were thus identified were resolved prior to the issuance of the final rule in October 1989. Since publication of the final rule, however, the issue of basement/ foundation excavations has been identified and questions have been raised concerning whether or not it is appropriate to apply the provisions to house foundation/ basement excavations. Therefore, the requirements dealing with cave-in protection should be suspended until the issue can be fully evaluated.”

In summary, if you are a homebuilder or contractor performing this type of work, the regulations outlined in this memo seem somewhat relaxed rather than entirely suspended. Although there are specific conditions that are required to be met, and if you are presently or are planning on implementing this relaxation of the previous regulations, be aware that the conditions listed in this memo have changed the regulation to such a degree that the potential for accidents, injuries, cave-ins, and fatalities, could be greater in some situations. Specifically, if you are practicing this revised 6/30/95 method for the sole purpose of cost/ time savings rather than for reasons by which it is intended, you are at greatest risk.

Despite your best efforts to create a safe workplace, there may still be accidents. In many cases, an accident traumatizes a company, with concentrated efforts devoted to helping any victims, making temporary repairs or adjustments at the jobsite or shop, and trying to get the daily business flow going again. Stopping to notify OSHA is likely to not be one of your immediate priorities. But at what point does an “accident” qualify as being required to be reported to OSHA?

Suppose your foreman calls from a jobsite. He tells you that one of your workers has fallen, and requires hospitalization. Do you ever need to call OSHA about the incident? Surprisingly, the answer is “No”. In fact, the criteria for qualifying an incident as reportable are much higher.

According to Federal regulations, an accident is required to be reported to your local OSHA office when:

A fatality has occurred.
or…
Three or more workers require in-patient (overnight stay) hospitalization from a particular incident.

Note that the criteria above will apply to a thirty (30) day window from the occurrence of the accident. For instance, if within thirty days from a particular incident a worker dies as a result, at that time the accident is reportable.

Another example would be three workers working on a roof deck. The roof deck collapses, with all three workers falling. Two workers are rushed to the hospital where they each spend at least one overnight stay. The third worker, however, is treated for cuts and bruises and released without an overnight stay. If within thirty days, the third worker is admitted for an overnight stay (say, due to a possible concussion that symptoms later indicated), then at the point in which the third worker stayed overnight is when the accident becomes reportable.

Once an incident is determined to be reportable to OSHA, it’s time to take a deep breath and get on with it immediately. The notification needs to be made within the following time limits.

Within eight (8) hours.
or…
Within eight (8) hours from when the incident is reported to any agent or employee of the contractor.

Furthermore, OSHA requires the following information to be given at the time of reporting a qualifying accident.

Company name
Location of the incident
Time of the incident
Number of fatalities and/or
Number of hospitalized workers
Contact person
Phone number
A brief description of the accident

This report should go to the local OSHA area office. To help with this, OSHA has established an emergency number of (800) 321-OSHA. Upon calling this number, you’ll be directed through a menu. After you’re directed to enter your zip code, your call will be forwarded to the appropriate OSHA office. Notification may be made by phone, facsimile, or hand-carried letter. Naturally, any phone or fax notices should be followed up in writing for verification, and to ensure no misinterpretations occur.

Failure to report a qualifying accident in time may result in fines of up to $5,000. Naturally, some mitigating circumstances may apply, such as if the accident occurred at night, or on a weekend or holiday. Also, if the stress of the moment caused you to forget to notify immediately. The main fact OSHA would consider is if the contractor actually contacted OSHA first- not the other way around. Voluntarily calling OSHA first, say 24 hours after and accident, while technically a violation, may not be pursued as such by OSHA. However, if OSHA contacts you at any time after the 8 hour expiration has run out, you will likely be cited for failure to notify.

A contractor contacted me several months ago, and said he was “waiting for OSHA to come to the door.” When asked why, he said that one of his workers (who wasn’t wearing a safety harness) was killed from a fall. He was talking how he had expected OSHA to come to his office, but it had been two weeks. He believed that OSHA automatically visits contractors in such a circumstance- and sometimes it may be true. In this case the contractor was clearly in violation, and the likely eventual discovery of this accident by OSHA would lead to serious consequences for the contractor. Upon my advice, he promptly notified OSHA with his explanation- not good, but the best course under the circumstances.

Also, be careful that the information given is correct and truthful. The above list is the minimum required by OSHA, and should be factual, but may be brief. Remember, penalties for false statements by you or your workers may result in fines up to $10,000 and or imprisonment of up to 6 months!

If an accident happens, there is no need to rush to the phone. Obviously the first order of business is to take care of your workers first, then eliminate any hazards causing or resulting from the incident, and then returning the jobsite to a safe condition.

At that point a careful and clear assessment should be done to determine if the accident qualifies for reporting. If it is determined that the accident qualifies, then a notification report should be carefully prepared in accordance with the above list, and OSHA notified within the 8 hour time limit of the accident’s occurrence.

What qualifies as a reportable accident. should be understood by not only your workers, but also any subcontractors working onsite to prevent unnecessary reporting of an accident. A notice should be added to your poster board showing the two criteria which qualifies an incident as reportable. Many workers and subcontractors are quick to call OSHA when any accident occurs under the incorrect premise that it is necessary. Therefore, this should be discussed with all workers and other contractors on a project so that everyone is familiar with the regulations.

However, remember it’s still everyone’s responsibility onsite to report any safety violations or unsafe work practices to the controlling, or general contractor to keep the jobsite safe. Contractors working together to control unsafe conditions is a major step to preventing a reportable accident from occurring.