Posts Tagged ‘OSHA’

OSHA Severe Violator Enforcement Program Now in Effect!

Thursday, June 24th, 2010

“The New OSHA” as described by many department heads is showing its colors and making good on its promises.  The recently enacted Severe Violator Enforcement Program (SVEP) is  now in effect and being enforced.  What exactly does this mean to you?

In the words of David Michaels, OSHA administrator, “SVEP will help OSHA concentrate its efforts on those repeatedly recalcitrant employers who fail to meet their obligations under the Occupational Safety and Health Act. It will include a more intense examination of an employer’s practices for systemic problems that would trigger additional mandatory inspections.”

In reality it means more inspections, bigger fines and larger inspection scope.  Basically if you’re not making real efforts to keep your employees safe, it’ll cost you.  Under this program OSHA has promised to visit more employers with higher incidence rates, automatically include employers for follow up inspections, visit other locations run under the same corporate umbrella and raise fines for the first time since the 1990s.  The fine increase is significant from a max penalty for a  willful violation from $70,000 to $250,000. 

We’ll see how all of this pans out for our clients, although with what we’ve personally seen in the past few months in much of the country, this program certainly seems to be on track.  Have any of you seen an increase in regulatory pressure?

OSHA Administrator Announces Priorities: I2P2 and Electronic Reporting

Monday, June 21st, 2010

I just got back from ASSE 2010 where OSHA Administrator David Michaels Outlined some of the upcoming goals and priorities for OSHA. He made it clear that OSHA is looking to reinvent itself in some ways to become a stronger and more relevant agency with more personnel in enforcement, higher fines and a greater emphasis on prevention across all industries.

Looking to the future, he outlined top priorities OSHA is looking to address; with the top two being near and dear to KPA: Injury and Illness Prevention Programs (I2P2) and Electronic Recordkeeping.

We’ve been watching discussion of a federal Injury and Illness prevention standard grow and ebb over the past decade. It now looks like OSHA is making it their top priority. According to Michaels, this standard “could change workplace health and safety on a level we haven’t seen since OSH Act.” We couldn’t agree more. These regulations could have a tremendous effect on small business such as was felt when California passed their I2P2 standards. If done correctly, it can do a lot to shift the focus of safety from compliance to prevention. This is certainly one to watch as the discussions progress.

The number two priority, electronic recordkeeping, is another we’ve been following. With our online software solutions, we’re already tracking all of the information required for injury and illness records for our clients and would love to have a streamlined interface to report this information to OSHA at our client’s request. It will be interesting to see what OSHA comes up with for their data collection system. Again, depending on the implementation, the new regulation could have a big impact on small business and as a result OSHA is seeking more input from this sector. If you would like to have your opinion heard, you can submit it here.

This regulation is moving along quickly with OSHA’s prediction of a final rule by 2011.  We’ll keep you posted as more details emerge.

OSHA considering I2P2 – Injury and Illness prevention Program

Friday, June 4th, 2010

OSHA is conducting stakeholder meetings to draft a proposed rule around a federal Injury and Illness prevention Program.  Based on recent comments by OSHA chief Dr. David Michaels the department is looking to encourage businesses to proactively identify and correct hazards.  OSHA will be conducting a series of stake holder meetings in June to solicit input on a draft rule.  They have published some information at http://www.dol.gov/federalregister/HtmlDisplay.aspx?DocId=23834&AgencyId=17.

This is not the first time that OSHA has gone down this path, the most recent attempt to create a Federal Injury and Illness Prevention Standard was tabled in August of 2002.  However with the current administration it appears more likely that the standard will move forward this time.

How it will affect KPA clients remains to be seen, but with KPA’s current program modeled after the California IIPP rules; it is likely that a current KPA client will exceed compliance with few program adjustments. California has required business with more than 10 employees to have an Injury and Illness Prevention Program since 1991.

BP has a dismal safety record, do you?

Friday, June 4th, 2010

760 violations at BP versus 1 at Exxon!

ABC News published an article recently about BP’s dismal safety record, citing that OSHA statistics show BP ran up 760 “egregious, willful” safety violations, while Sunoco and Conoco-Phillips each had eight, Citgo had two and Exxon had one comparable citation.

The article goes on: in two separate disasters prior to the Gulf oil rig explosion, 30 BP workers have been killed, and more than 200 seriously injured. In the last five years, investigators found, BP has admitted to breaking U.S. environmental and safety laws and committing outright fraud. BP paid $373 million in fines to avoid prosecution.

How does this story apply to dealerships? 760 violations at BP versus 1 at Exxon; does this happen at dealerships? Our engineers visit about 3,000 dealers annually, inspect them on potential OSHA violations, and develop a comprehensive safety program. While we don’t see such a sharp difference as between BP and Exxon, we unfortunately have to admit that we see very large differences between dealers that have a safety culture and those that don’t.  Regrettably the general answer is “yes, there are dismal safety records at certain dealerships.”

In our February newsletter we wrote an article about Group 1 Automotive and Penske Automotive Group taking the lead in compliance management. Though both groups consist of nearly 100 dealer rooftops, these groups have effectively managed their compliance scores to an unbelievable 97% to  98% and have held this level of compliance consistently. To put this in perspective, the average compliance score for a facility prior to getting started with KPA’s safety program is about 85%. Both Group 1 and Penske Automotive Group are not only reaching high level of compliance across one store, they are doing it for all stores, across all states, regardless of the management hierarchy. Essentially, Group 1 and Penske have managed their compliance program to virtually spot free facilities in less than one year.

OSHA cites auto parts maker fot $135,900

Thursday, May 27th, 2010

OSHA has cited auto parts maker Sewon America Inc. in LaGrange, Ga., for a variety of safety violations after receiving a complaint. OSHA initiated a comprehensive inspection of the company’s facility in March. Penalties total $135,900.

Read more detail in an article posted in OH&S Magazine.

Free OSHA Quicktakes

Thursday, May 27th, 2010

I’m in a week long training class and hope to bring you some beneficial information from it - it’s the OSHA 30 HR Construction Safety.  Even though it’s construction, there are several things that I’m taking away from it that relate to the dealerships I work with.

One thing that they mentioned at the start of the class was to register on OSHA’s website for their QuickTakes emails.  It’s free and provides constant updates to what OSHA is doing.

In case you are not already registered for them, go to http://www.osha.gov/pls/quicktakes/e_subscribe.subscribe and enter your email address to subscribe to these updates.

Missing face plates on electrical outlets: $52,500 fine

Thursday, May 13th, 2010

Okay. It’s not exactly that. OSHA proposed the $52,500 penalties for four violations: a repeat violation is for failing to provide functioning safety latches on the hydraulic automobile lifts, a serious citation is for missing face plates on electrical outlets, and two other-than-serious violations are for recordkeeping deficiencies and hazard communication deficiencies. The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Two learning lessons from this press release:

(1) OSHA is STILL providing you the opportunity to reduce the fine by complying or contesting. HOWEVER, the damage is to your reputation is already done when a press release like this goes out from OSHA

(2) These violations are just a few in pretty much an end-less, and growing, list of potential violations. You can use EHS checklists but that gets you only so far.These checklists typically don’t cover the  General Duty Clause very well, and makes it virtually impossible to rely on checklists alone. For reference, the general duty clause states that “Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees”

My advice: stop playing whac-a-mole with regulations, do a risk assessment, and engage in a formal safety program.

OSHA in the news

Thursday, April 29th, 2010

I just posted this blog yesterday about OSHA and then –coincidentally– ABC World News with  Diane Sawyer and Nightline broadcasted an interview last night with OSHA director Dr. David Michaels, saying “I think there are a lot of irresponsible employers who don’t ensure that workers are given safe work places in which to work. Fourteen deaths a day on the job is far too many.” They also aired a dramatic video of a fatal accident on the job. Very shocking and disturbing.

My takeaway for you: many department managers forget to realize they have an obligation to provide a safe workplace, and as such, they can be held personally liable for criminal penalties should an injury occur particularly those associated with the supervisor’s willful intent to not address a known safety issue.

OSHA fines increasing?

Wednesday, April 28th, 2010

Just read an article in Tire Review that OSHA fined a Toledo dealer $177,800 as the result of an October 2009 accident in which four employees were injured. OSHA cited the dealer for three violations of worker safety regulations after investigating the accident. The employees suffered injuries when an agricultural tire being worked on exploded. No question that the accident was very serious as an OSHA spokesman said that the dealer did not provide a safety cage or barrier to protect employees working on large commercial tires, failed to ensure employees worked outside the trajectory path, and that the tire’s maximum inflation pressure was exceeded when the employees attempted to seat the tire’s beads. In addition, citations were issued because employees failed to wear safety glasses and not having a required valve pressure gauge.

My point here is only that I’m under the impression that the fines imposed by OSHA are increasing? Do you have similar experiences? What do you think? Please respond below with your comments.

Want to build a strong safety culture? Why not start with safety glasses?

Thursday, April 15th, 2010

I often talk with folks who are in charge of a safety program at a facility and really don’t know where to start.  I just read an interesting article in OH&S about building safety culture by starting with your safety eye wear policy.  Even though the study this article is based on was funded by an eye wear manufacturer, and may be  a little biased,  it still provides valid points.  I find that whenever we provide training on eye protection, the topic clearly makes an impact on the audience.  Eye injuries, more so than any others, make people squeamish, and they generally don’t need much convincing that it’s important to protect the eyes.

Building a safety culture relies on forming consitant habits, much like putting on a seatbelt whenever you get into  a car.  You don’t have to think about it, it just happens automatically.  Putting on safety glasses should work the same way.  By taking the first step with an eye protection policy you’re on your way to building a safety culture among your employees.   Hopefully, if you’re able to convince them to perform one safety task, other tasks will fall in place more easily.  You just have to start somewhere to get everyone thinking about safety on a regular basis.