Tag Archives: fines

Whistleblower complaints could rise under OSHA proposal

Posted on by
Reply

Filing a whistleblower complaint is about to become a whole lot easier. In line with the Occupational Safety and Health Administration’s (OSHA) increase focus on whistleblower protection, the agency has proposed a rule to allow for new ways to file a whistleblower complaint, including a web-based form.

Under Labour Code 6310, employers can’t retaliate against workers when they file an OSHA complaint. Examples of retaliation include firing, demoting, or transferring the complainant. Currently, the only way to file a whistleblower complaint is to contact the nearest office of the Division of Labour Standards Enforcement. 

Under the new proposal, a whistleblower complaint would be a much easier affair, with only a few clicks and keystrokes separating an alleged retaliatory action and the submission of a complaint. If it goes through, the rule would have the potential to dramatically increase the amount of whistleblower complaints filed.

But it is not a done deal yet. The public has until March 18th to comment on the proposal. Go here to take a look at the document in the Federal Register and go to regulations.gov if you want to provide feedback.

Workplace injuries and the bottom line: indirect incident costs are staggering

Posted on by
Reply

This week the Intelex Blog introduces its newest contributor, Robert Smith. Head of Injury Management Solutions, Robert has tons of experience in Human Resource and Disability management, including a long stint with WSIB. Robert will blog on a biweekly basis on issues related to compensation, claims management, case management, and much more. This week Robert tackles the real costs of workplace injuries.

I have been directly involved in workers’ compensation issues for well over 20 years and, like many of you, I have heard the stories of the costs of a workplace injury and how important it is to implement health and safety programs and to manage claims. Yet time after time I have conversations with employers who still do not grasp the big picture. 

So what is the big picture? Most companies are aware of how their workers’ compensation premiums are calculated and that poor performance results in surcharges. Most are aware there are claim cost limits to seemingly protect them financially. But – and this is a big but – there are aspects that many do not calculate into their strategies. These are the “indirect” costs of the claim and can add from three to ten times to the direct claim costs. 

To put this into perspective let’s look at the claim cost for an Ontario NEER employer:

In 2013 the Claim Cost Limit is $416,000.00. If you take just the minimum indirect cost factor of three, the actual cost is $1,248,000.00. Considering the worst case scenario at ten times the actual cost is a staggering $4,160,000.00. 

These indirect costs include:

  • Damage to equipment, machinery, materials, facility, etc. 
  • Production downtime. 
  • Lower employee morale. 
  • Loss of products or services. 
  • Delays in shipment or filling orders. 
  • Additional overtime. 
  • Managers’ lost time resulting from the accident. Also includes inspections, investigations, meetings, and administration. 
  • Employees assisting with the accident. Includes administering first aid, and witness interviews. 
  • Hiring and training replacement workers. 
  • Wages of replacement workers. 
  • Other non-productive time incurred by the injured employee. Includes all medical related appointments. 
  • Potential MOL, OSHA penalties. 
  • Legal fees.
Although this list is quite long it still doesn’t encompass every indirect cost. Understand that for each injury that occurs in your workplace, the increase in your workers’ compensation premiums is dwarfed by all of the indirect costs associated with that injury. Now is the time to take the necessary steps to limit, or better yet, eliminate all injuries to ensure your company’s maximum productivity and profitability.
Questions or comments? Post below or contact Robert.

OSHA bumps fall protection enforcement period to March 2013

Posted on by
Reply

Attention home builders! If you were expecting to face more stringent fall protection measures next week, you’ve got a bit of a reprieve. The Occupational Health and Safety Administration (OSHA) announced yesterday it is extending its temporary enforcement measures on fall protection through to March 15, 2013.

Previously, OSHA had planned to enforce its new Compliance Guidance for Residential Construction next week. However, potentially influenced by call from the National Association of Home Builders (NAHB), OSHA decided to push the temporary enforcement measures by three months. These measures can be thought of as a means by which OSHA eases the home-building industry into compliance with the new residential construction rules, which calls for increased fall protection for workers engaged in operations six feet or more above lower levels.

The temporary enforcement measures offer employers:

  • Priority free on-site compliance assistance.
  • Penalty reductions.
  • Extended abatement dates.
  • Measures to ensure consistency.
  • Increased outreach.

Since falls are both the primary source of fatalities and the most-cited violation in the construction industry, it’s worth going out of your way to protect front-line workers, and as a worker, it is important to know your rights.

If you want to learn more, check out these resources on residential construction and the Fall Prevention Campaign.

Pictured: Example guard rail system at a residential construction site.

US Labor Department’s OSHA exposes safety and health hazards at construction sites through no-notice incident prevention campaign

Posted on by
Reply

This release has been reposted from www.dol.gov.

PHILADELPHIA – The U.S. Department of Labor’s Occupational Safety and Health Administration has concluded its 2012 “Construction Incident Prevention Initiative,” during which it issued 243 citations and assessed a total of $658,862 in proposed fines to companies on construction sites throughout the agency’s Philadelphia Region.

The four-month campaign included 545 no-notice inspections focused on falls, trenches and silica exposure. Fifty-nine percent of the inspections revealed violations, some of the most common of which are failing to use fall protection when working on roofs, ensure that scaffolds are constructed safely and protect trenches from collapse.

“This alarmingly high number of violations underscores the need for employers in the construction industry to make a stronger commitment to workplace safety and health,” said MaryAnn Garrahan, OSHA’s regional administrator in Philadelphia. “Employers are responsible for ensuring safe and healthful workplaces, and will be held legally accountable when they fail to do so.”

OSHA’s Philadelphia Region, which encompasses Delaware, the District of Columbia, Pennsylvania and West Virginia, had a total of 43 construction-related fatalities in fiscal years 2011 and 2012, with 18 attributed to falls.

In April, Secretary of Labor Hilda L. Solis announced a national campaign to provide employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. In 2010, more than 10,000 construction workers across the United States were injured as a result of falling while working from heights, and more than 250 workers were killed. OSHA’s fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH’s National Occupational Research Agenda program. More information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent dangers to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

This release has been reposted from www.dol.gov where other press releases and news materials are available. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.

Western Psych investigation, another OSHA imposter, whistleblower ADR pilot program and more on EHS This Week

Posted on by
Reply

On this week’s edition of EHS This Week we’ve got the week’s top stories in environment, health and safety news:

  • OSHA’s conclusions from its investigation into the tragic rampage at Western Psych earlier this year.
  • Another fraudulent OSHA employee tries to fine a business. (No, it’s not the one from last week.)
  • A new alternative dispute resolution pilot program launched by OSHA, and more.

Remember to write us with your suggestions, questions and comments at paul@ehsthisweek.com. Also, if you are an industry expert and ever want to take part in the program, we’d love to have you. 

Until next week, enjoy the program! 

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

Epic Fail by OSHA imposter investigated by Department of Labour

Posted on by
Reply

So, an OSHA representative holds classes for mostly unemployed fishermen in southern Louisiana, providing them with essential training they need to get jobs cleaning up the Gulf of Mexico in the aftermath of the 2010 oil spill. Sounds reasonable, right? Well, it certainly would be, if the OSHA trainer was actually an OSHA employee and if the whole thing wasn’t an elaborate ruse designed to exploit disadvantaged communities.

The U.S. Department of Labour and the EPA are investigating the eyebrow-raising case of a Mississippi woman who is accused of using false credentials to convince over 1,000 fisherman to take an “OSHA” training course to get work cleaning the spill. Connie M. Knight allegedly identified herself as a “Master Level V Inspector and Instructor” and the top-ranking female trainer from the Occupational Safety and Health Administration when she attempted to get fishermen across the area to pay $100 to $300 to take the course.

She is also charged with fabricating four additional ID badges for four other local individuals that she hired as employees (it’s unclear whether they were in on the scheme or not). Not only that, according to the indictment she specifically targeted members of the region’s Southeast Asian communities who were at a disadvantage insofar as many couldn’t speak or read English very well.

On one level, it’s amusing to think that anyone would attempt such a thing. On another, it was heartless and highly manipulative to take advantage of an underemployed, primarily disadvantaged segment of the population for personal gain. And on a whole other level, it’s serious. Really serious. The accused faces 22 charges that, cumulatively, could net her over 20 years in prison and more than half-a-million dollars in fines.

The simple lesson in all this? Don’t do it. Just don’t do it. It’s not worth it. If you boast the strategic acumen and organizational skills to pull off a ruse like this and actually get away with it (for a while at least), consider applying your talents elsewhere. There are plenty of other lucrative avenues in life where you can prove useful in a totally legal fashion, and in most cases you don’t even have to exploit members of marginalized communities.

(Pictured: Legitimate  U.S. Environmental Services contractors deploying an oil boom in the aftermath of the Deepwater Horizon disaster. Image courtesy of U.S. Coast Guard Eighth District External Affairs.)

Democratic climate platform at DNC, OSHA violator goes bankrupt, fall protection delays and more on EHS This Week

Posted on by
Reply

On this week’s edition of EHS This Week we take a look at the top stories in environment, health and safety news, including:

  • Fall protection enforcement delays for residential contractors.
  • A repeat OSHA violate files for Chapter 7 Bankruptcy.
  • Democrats reveal cliamte/environment platform at DNC, and more.

Remember to write us with your suggestions, questions and comments at paul@ehsthisweek.com. Also, if you are an industry expert and ever want to take part in the program, we’d love to have you. 

Until next week, enjoy the program!

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

Alarming news on fatality rates in cell tower construction, drought and climate coverage in U.S. media and more on EHS This Week

Posted on by
Reply

On this week’s edition of EHS This Week we take a look at the top stories in environment, health and safety news, including:

  • Alarming news on the fatality rates in cell tower construction.
  • A look at a state investigation five years after a flash fire claimed the life of a worker at a Franklin factory. 
  • Continuing covwerage of the worst drought in recent memory and the Mississippi river’s historically low levels. Also news on a study on the U.S. media’s coverage of climate change, and a whole lot more.

Remember to write us with your suggestions, questions and comments at paul@ehsthisweek.com. Also, if you are an industry expert and ever want to take part in the program, we’d love to have you. 

Until next week, enjoy the program!

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

OSHA’s updated tool shed directive, updated EPA ethanol news and final rule, disabled worker injury rates and more on EHS This Week

Posted on by
Reply

On this week’s edition of EHS This Week we take a look at the top stories in environment, health and safety news, including:

  • Cal-OSHA’s campaign to get employers focused on heat concerned.
  • OSHA releasing an updated Tool Shed directive on procedures for eliminating workplace hazards in marine cargo handling.
  • Railroad whistleblower news, and a whole lot more.

Remember to write us with your suggestions, questions and comments at paul@ehsthisweek.com. Also, if you are an industry expert and ever want to take part in the program, we’d love to have you. 

Until next week, enjoy the program!

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

Roller Coaster mishap, India’s power crisis, workers’ compensation costs drop in 2010 and more on EHS This Week

Posted on by
Reply

On this week’s edition of EHS This Week we take a look at the top stories in environment, health and safety news, including:

  • Cal-OSHA’s investigation of a scary roller coaster mishap.
  • A downward trend in workers’ compensation costs across the U.S.
  • Great news on wind power trajectories and a whole lot more.

Remember to write us with your suggestions, questions and comments at paul@ehsthisweek.com. Also, if you are an industry expert and ever want to take part in the program, we’d love to have you. 

Until next week, enjoy the program!

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.