Keeping Your Workers Safe
EPA Delays Enforcement of Lead Renovation, Repair and Painting Rule
Fatality Narrative: Operating Engineer Struck by Concrete Slab
Hidden Safety Rules Buried in New Laws
DOL to Require Employer Reports on Labor Law Compliance
One of the best services ABC has to offer is all the safety resources that are available to members. Many of them are free. Do you know all the safety resources ABC has to offer? ABC has a safety department and committee dedicated to helping ABC members keep their workers safe. Below are a few safety resources that we would like to highlight:
- ABC Safety Video Lending Library – ABC has safety videos that are free for members to check out. There are over 100 titles to choose from, ranging in topics from asbestos, back safety and fall protection to scaffold safety, trenching and shoring. Most videos run between 10 – 20 minutes long – nice and short to be easily utilized in weekly/monthly staff meetings. For a listing of all titles available, click on Safety Resources on the ABC Webpage or contact Kim Trautman for a video order form.
- Accident Prevention Plan CD – The ABC Safety Committee has developed an Accident Prevention Plan CD that is available free to ABC members. This CD contains over 60 sections to help you write or expand your company accident prevention plan to meet your needs and L&I’s requirements. It includes sample templates you can tailor to use for your own company.
- Safety Training Classes – ABC is your “go to” resource for safety classes to train your workers. ABC offers a variety of safety training classes ranging from the Workers' Comp breakfasts to OSHA 10/30, first aid/CPR and fall protection. For ABC Retro participants, a majority of the safety classes are free of charge. For a full lineup of classes being offered starting September 1st, check out the ABC Website www.abcwestwa.org and click on Training & Events Calendar under Hot Links in the blue navigation menu.
- Safety Assistance Programs – ABC has a safety professional on staff that provides jobsite safety audits and individual safety consultations, as well as one-on-on guidance and review of your safety program. For more information, contact Ann Jarvis, vice president of safety and education. She is always available to help answer your safety questions and has many years of experience in the safety field.
- ABC Safety Committee - ABC has a very active Safety Committee. By serving on the Safety Committee, members have a direct say in what safety and workers' comp issues are addressed through the education and training and they can keep informed on upcoming safety regulations and issues affecting the industry. If you are interested in attending the ABC Safety Committee meetings to get to know other ABC safety professionals passionate about safety and ABC, please contact Ann Jarvis.
ABC is here to help you make sure that you are able to keep your workers safe so you can concentrate on running your business and keeping your costs as low as possible to be competitive in today’s market.
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In a June 18, 2010 memorandum Cynthia Giles, Assistant Administrator, Office of Enforcement and Compliance Assurance of the United States Environmental Protection Agency (EPA) stated that enforcement would not be started until October 1, 2010.
Citing concerns of potential renovation firms being unable to obtain the necessary training and certification to comply with the Renovation, Repair and Painting Rule (RRP Rule), enforcement activities have been delayed. The memorandum also states that “for violations of the RRP Rule’s renovation worker certification requirement, EPA will not enforce against individual renovation workers if the person has applied to enroll in, or has enrolled in, by no later than September 30, 2010, a certified renovator class to train contractors in practices necessary for compliance with the final rules. Renovators must complete the training by December 31, 2010."
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Industry: Electrical contractors
Release Date: August 13, 2010
Task: Removing controlled density fill from electrical vault
Incident Date: September 4, 2008
Occupation: Operating engineer
Type of Incident: Struck by falling object
On September 4, 2008, an operating engineer died after being struck by a concrete slab. The 28-year-old victim was employed for seven years by an electrical contractor. The victim and a co-worker were removing controlled density fill, a type of concrete, from an electrical vault. The vault was in an excavation where the two workers were working inside a shield box. As they were chipping the controlled density fill, a 16’ x 3’ section broke loose and fell on them, pinning them against the shield box. One worker was able to free himself and assist with the rescue of the victim, who was taken to a hospital, where he died of blunt force injuries.
Requirements
- An engineering survey should be conducted before demolition work begins on any structure. See WAC 296-155-775
- A competent person should oversee the demolition of any structure and ensure that workers are protected. See WAC 269-155-775
- Employers must ensure that workers in trenches are protected from being struck by falling objects. See WAC 296-155-655
- Protective systems must be set up correctly and should be inspected by a competent person who should also assess for potential hazardous conditions. See WAC 296-155-655
Recommendations
- Conduct a hazard analyis that considers the potential severity and likelihood of an event.
- Develop practical written safe work procedures and plan the job before starting work.
- Never position yourself between fixed objects and objects that have the potential to fall.
State Wide Statistics: This was number 44 out of 72 work-related fatalities in Washington State during 2008, and was number 12 out of 18 construction-related fatalities.
~Dept. of Labor & Industries SHARP - Research for Safe Work
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The Miner Safety and Health Act includes provisions that cover non-mining organizations. The proposed bill, approved by a U.S. House committee, also seeks to make changes to workplace safety regulations targeted toward all businesses covered by OSHA’s standards. In fact, the proposed changes to the OSH Act are similar to those in the Protecting America’s Workers Act introduced earlier this year. Ogletree Deakins notes the following changes proposed in the mine safety legislation:
- Increases in penalties. Fines for a willful or repeat violation would increase from a maximum of $70,000 to $120,000. The penalty for an employer with 25 or fewer employees would be capped at $25,000. For a serious violation the fine would rise to $12,000, with a maximum of $50,000 when the violation causes or contributes to the death of an employee.
- Criminal penalties. Employers who knowingly violate standards and cause a death would be subject to criminal penalties. The prison term for a fatality would be 10 years for a first offense and 20 years for a second offense.
- Immediate abatement of hazards. Employers would be required to abate all hazards, even those that have been contested. The Occupational Safety and Health Review Commission would have the power to limit the abatement requirement if the employer filed a motion.
- Expanded whistleblower rights. The time limit for filing a whistleblower complaint would expand from 30 days to 180 days. Safety managers should note that the recently enacted Wall Street Reform and Consumer Protection Act significantly broadens existing whistleblower protections for all workers, not just those in the financial services industry.
To view the complete Ogletree Deakins report, visit http://www.ogletreedeakins.com/publications/index.cfm?Fuseaction=PubDetail&publicationid=1301.
~Workplace HR & Safety, Workplace Magazine
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The federal Department of Labor announced recently that, as part of its effort to increase employer compliance with wage and hour and safety laws, it will implement administrative rules requiring submittal of written employer plans to enforcement agencies in areas of concern. The draft requirements are intended to primarily target the restaurant, discount retailing, coal mining, and construction industries, which are viewed as problem areas for wage violations, including independent contractor misclassification, as well as safety violations. Employers will be asked to put together written plans on how they intend to identify and avoid safety hazards in the workplace and how the plans are to be implemented and maintained. With regard to wage and hour issues, employers will be required to put together written explanations of why they consider a worker an independent contractor and provide that written explanation to the worker.
Business groups are obviously unhappy with the announced direction since it adds burdens to both employers preparing the plans, as well as the Department reviewing them to determine their adequacy. The nature and timing of the proposed reporting requirements are somewhat uncertain since the Department’s proposed rules are still being drafted and, under governing administrative procedures laws, employers will have the opportunity to respond before final issues are ruled. It is estimated that the requirements are more than a year away.
This is yet another effort, similar to that in the area of immigration law, to create mechanisms for “desktop audits” in which employer compliance can be reviewed in the comfort of agency offices. Employers would be well advised to prepare for the impending rules by engaging in self-audits in these areas of concern.
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