How to Create a Safer, OSHA-Compliance Workplace

transcript

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@jonhyman

#NationalSafetyMonth

National Safety Month:

How to Create a Safer,

OSHA-Compliant Workplace

Presented by Jon Hyman, Partner at Meyers, Roman,

Friedberg & Lewis

@HR_direct

@jonhyman

About Jon

• Partner in Ohio-based law firm, Meyers, Roman, Friedberg & Lewis

• 17 years experience providing proactive and results-driven solutions

for employers

• Author of Ohio Employer’s Law Blog, a top labor and employment law

• In-demand speaker and frequent resource for local and national media

• Serves as outside labor and employment counsel for wide range of

businesses

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Safety in the Workplace

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Occupational Safety and

Health Administration (OSHA)

“Making a living shouldn’t have to cost your life.

Workplace fatalities, injuries and illnesses are

preventable. Safe jobs happen because employers make

the choice to fulfill their responsibilities and protect

their workers.”

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Learning Objectives

• General OSHA safety standards applicable to every business

and industry

• Steps to a successful safety program

• OSHA recordkeeping and reporting requirements, including

revised rule effective January 1, 2015

• Effective workplace training, including revised HazCom

standard and upcoming deadlines

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Who Must Comply

• ALL employers must “provide a workplace free from recognizable

hazards likely to cause death or serious physical harm”

• Four major categories of federal OSHA standards:

1. General industry (29 CFR 1910)

2. Construction (29 CFR 1926)

3. Maritime (29 CFR 1915-19)

4. Agriculture (29 CFR 1928)

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Shared Federal OSHA Standards

• Allow access to medical

and exposure records

• Provide personal

protective equipment

• Follow latest hazard

communication

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Improving Your Safety

Program

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Four Parts to Solid Safety Program

1. Management commitment and employee involvement

2. Worksite analysis

3. Hazard prevention and control

4. Training for employees, supervisors and managers

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Management Commitment

and Employee Involvement

“If you are not interested in preventing employee injury and illness,

your employees will probably not give safety and health much thought

either.”

• Clear workplace policy

• Regular meetings to discuss safety goals

• Senior management visibility

• Assigned responsibilities

• Regular review and adjustments, as needed

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Worksite Analysis

• Know your worksite hazards

• Start with baseline worksite survey

• Conduct periodic self-inspections

• Encourage employees to share safety concerns

• Look into all accidents

• Analyze overall trends with injuries and illnesses

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Hazard Prevention and Control

• Engineering controls to eliminate hazards outright

• Personal protective equipment to safeguard employees

• Administrative controls, or workplace practices, to

reduce risks

• Also: maintenance, emergency planning, medical and

first aid procedures

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Safety Training

• Employees must understand potential hazards and how

to prevent harm

• Training may be tied to specific OSHA standards

• Consider new employees and new job assignments

• Supervisor involvement and reinforcement

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New OSHA HazCom Standard

• Alignment with United Nation’s Globally Harmonized System (GHS)

• December 1, 2013: Employees trained on new GHS labels and

Safety Data Sheets

• June 1, 2015: All chemical manufacturers, importers and

distributors must comply

• December 1, 2015: Grace period for older labels ends; all

shipments of chemicals must have new GHS labels

• June 1, 2016: Full compliance for all employers

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OSHA Injury & Illness

Recordkeeping

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Who Must Comply?

• Record and report work-related fatalities, injuries and

illnesses unless:

Size: Company with 10 or fewer employees in past

calendar year

Industry: Classified as “low hazard” industry, such as

retail, finance and real estate

• ALL employers must display OSHA poster and report fatalities

and hospitalizations

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Step 1: Did Employee

Experience Injury or Illness?

• Injuries:

Cuts, fractures,

sprains and amputations

• Illnesses:

Skin diseases,

respiratory disorders and

poisonings

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Step 2: Is the Injury

or Illness Work-Related?

• Work environment either caused or contributed to the

condition, or significantly aggravated a pre-existing

injury or illness

• Work environment may include physical locations,

equipment and materials

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Step 2: Injury and

Illness Exceptions

1. Occurred when employee was at workplace as member of general

public

2. Signs or symptoms at work, but from non-work-related event or

exposure outside of work

3. From participation in wellness program, or a medical, fitness or

recreational activity

4. From eating, drinking or preparing food for personal consumption

5. From personal tasks unrelated to job outside assigned working hours

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Step 2: Injury and

Illness Exceptions

6. From personal grooming, self-

medication for non-work-related

condition or self-inflicted

7. From auto accident in company

parking lot or access road

8. Common cold or flu

9. Mental illness

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Step 2: Traveling Employees

Don’t record injuries and illnesses that occur:

• When the employee is on a personal detour

• After employee checks into hotel, motel or temporary

residence

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Step 2: Employees

Working from Home

Injuries and illnesses in the home recordable if:

• At-home employee is working for pay

• Incident directly related to work performance and not

general home environment

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A new case if employee:

• Didn’t already experience similar injury or illness with

same part of body

• Had a previous, similar injury or illness with same part

of body but recovered completely, and event or

exposure at work caused recurrence

Step 3: Is the

Injury or Illness a New Case?

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Recordable if results in:

• Days away from work

• Work restrictions or transfer to another job

• Medical treatment beyond first aid

• Loss of consciousness

• A diagnosed significant injury or illness

• Death

Step 4: Does the Injury or

Illness Meet the General Criteria?

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OSHA Form 301: Injury and Illness Incident Report

• To capture details of each job-related injury or illness

OSHA Form 300: Log of Work-Related Injuries and Illnesses

• To record all incidents throughout the year

OSHA Form 300A: Summary of Work-Related Injuries and

Illnesses

• To summarize and post information from OSHA Form 300

Step 5: How Do I

Record the Injury or Illness?

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Effective January 1, 2015, for all employers, even those

exempt from general recordkeeping requirements

• Report ALL work-related fatalities within eight hours

• Report ALL work-related hospitalizations, amputations

or loss of eye within 24 hours

Latest OSHA Recordkeeping Rule

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Final Notes

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Final Notes • Recent OSHA changes: non-mandatory poster update, GHS

transition, and new recordkeeping rule

• All employers can benefit from comprehensive safety

programs

• Remember: General Duty clause requires all employers to

“provide a workplace free from recognizable hazards likely

to cause death or serious physical harm”

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Thank you! Questions?

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@mikehaberman

#EmployeeReviews

Join us Next Month

Set for Success:

Evaluating and Motivating Staff

Through Performance Reviews

July 8, 2015

11 a.m. PST / 12 p.m. MT / 1 p.m. CT / 2 p.m. EST

Presented by Mike Haberman, Human Resources Consultant

How to Create a Safer, OSHA-Compliance Workplace

Recruiting & HR