February 2014

Table Of Contents

1. Welcoming Our New 2014 NSMS Member(s)

2. Time to Renew Your 2014 NSMS Membership

3. Call for Nominations to Serve on the Governing Board of the National Safety Management Society

4. With 2014 Budget Settled, OSHA Predicts It Will Conduct Over 37,600 Inspections

5. What's OSHA Planning for 2014?

6. OSHA Extends Comment Period For New Injury and Illness Reporting Requirements

7. America’s Safest Companies 2013 Protect Workers, Production and Property

8. What You Should Know About OSHA's Annotated PEL Tables

9. Utah Supreme Court Rejects Multi-Employer Worksite Safety Doctrine

10. The Holy Grail of Safety: A Single, All-Encompassing Safety Leading Indicator

11. Laszinski Column: Hearing Conservation Programs Essential in the Workplace

12. Safety Training Strategies: National Safety Council Safety Calendar

13. Lessons Learned: The Biggest OSHA Stories of 2013

14. Lessons Learned: It’s Not Just Industry on OSHA’s Mind - $236,500 Fine For Repeat Violations at Retail Store

15. Lessons Learned: It’s Not Just Industry on OSHA’s Mind - OSHA Proposes $169,000 Fine for Discount Retail Store

NSMS SAFETY DIGEST – February 2014

Welcoming Our New 2014 NSMS Member(s) -

On behalf NSMS President Roosevelt, the NSMS Executive Committee and the NSMS Board

of Directors, we like to thank all members who have proactively renewed their National

Safety Management Society memberships. We would also like to acknowledge, recognize

and welcome the following new member(s) to our professional organization:

Cameron Adams – Deridder, Louisiana

Derek P. Bergeron – Opelousas, Louisiana

Eric A. Bousquet – Slidell, Louisiana

Patrick D. Franklin – Bay City, Texas

Stevie B. Franklin – Bay City Texas

Curly Gifford – El Paso, Texas

Dale Hobbie – Weeki Wachee, Florida

Tanner D. Hudson – Brandon, Mississippi

Dominique Lockett – Baton Rouge, Lousisana

Gabriel Martinez – Corpus Christi, Texas

Cesar G. Pinedo – Montgomery, Texas

Walter J. Thomas – Center, Texas

Members’ Accomplishments and Special Recognitions –

NOTE: If any current or new NSMS member would like to share his/her special

accomplishments and/or recognition awards, please send those announcements to

nsmsinc@yahoo.com and we will gladly publish them and celebrate together! A photo is

optional.

New NSMS Certified Safety Technicians (CSTs)

Cameron Adams, CST

Derek P. Bergeron – Opelousas, Louisiana

Eric A. Bousquet – Slidell, Louisiana

Curly Gifford – El Paso, Texas

Tanner D. Hudson – Brandon, Mississippi

Dominique Lockett – Baton Rouge, Lousisana

Gabriel Martinez – Corpus Christi, Texas

Cesar G. Pinedo – Montgomery, Texas

Walter J. Thomas – Center, Texas

NSMS President Roosevelt Smith Authors a New Safety Book:

Safety Impacts the Bottom Line: Working to Improve Your Safety Culture

By Roosevelt Smith

Outskirts Press – ISBN 978-1-4787-2736-1

“When it comes to workplace safety, it is a lot easier

to prepare for an emergency than explain why you did

not. Our tasks, as business leaders, is to continue to

reduce risk, secure our workers and increase our

safety lifestyle. Demonstrating the value of safety to

management is often a task because the revenue

(ROI) can be complicated to evaluate. Safety needs

to be inserted naturally into the entire working

environment, starting at the top level. Safety factors

are something you want to be proactive with, not

reactive. Creating a safety program will eventually

help your organization’s bottom line.”

Author Roosevelt Smith’s Bio:

Roosevelt, a native Texan, grew up in the small town of Bay City, Texas, about 70

miles south of Houston. Roosevelt obtained a Bachelors of Science from Texas

Southern University, a Graduate certificate and a Master’s of Science in Occupational

Safety and Health from Columbia Southern University. Roosevelt has acquired 34

years of HSE experience in the following industrial areas: oil and gas production,

chemical manufacturing, construction, paint manufacturing and refining.

*****************************

Time to Renew Your 2014 NSMS Membership

As 2013 has drawn to an end, it is time to renew your membership with the National Safety

Management Society (NSMS). NSMS is grateful for your membership and dedicated

following of our information sharing and we look forward to your continued association with

us. You should have received an email notice for membership renewal. If you do not have a

current email in our database, please go to our new website and click on the link established

for the 2014 renewal process. For the 13th

consecutive year, there is no dues increase. We

have extended the renewal grace period through February 28, 2014. After February, there

will be a "late renewal fee" of $20 that will be assessed to the dues payment. The link to the

membership renewal page is - http://nsms.us/membership-dues

As a member, you will continue to receive our monthly publication of The Safety Digest,

filled with valuable safety articles and society information and updates. Your dues will also

support a number of critical initiatives, both new and ongoing. NSMS will strive to further:

engage in outreach activities, maintain the website, offer online and live technical and

management training workshops (with significant course fee reductions for current members),

maintain certification programs for safety technicians and supervisors, prepare for annual

conferences, offer CSHM exam preparation workshops, support the establishment of new

state chapters and student chapters at higher educational institutions, and any other initiatives

based on member needs and recommendations. These are ambitious goals and it will take a

group of dedicated members stepping up and volunteering to help NSMS achieve them.

Please consider offering your expertise and time to these important initiatives. For those of

you who are non-members or past member, and are routinely visiting our website resources

and/or are a regular reader our monthly online publication, we encourage you to go online

to our website (http://nsms.us/join) and join our organization and not miss out on future

distributions, webniars and resource information. Thank you.

Call for Nominations to Serve on the Governing Board of

the National Safety Management Society

February is the final month the National Safety Management Society (NSMS) is seeking

nominations from its current membership to fill 2-year terms for four (4) at-large positions on

the Board of Directors. According to the NSMS Bylaws:

Section 5.5.6 Directors. The directors shall perform the duties assigned by the

president and the Board to include such activities as publications, seminar

coordination, membership and chapter development, and research and

educational programs.

Section 6.1 Qualifications. Directors shall be "Members," "Retired Members,"

"Life Members," or "Fellows" (who are classified as "Members," "Retired

Members," or "Life Members" for dues-paying purposes).

We also expect all board members to:

Participate in a minimum of three conference calls per year

Attend at least one face-to-face board meeting per year

Volunteer to serve on a committee(s)

Be current on membership dues and in good standing

The newly elected Board members will be serving a two-year term (2014-2016). The NSMS

is looking for individuals with the talent and experience to help shape the direction of NSMS's

future and we are especially interested in candidates of diverse safety management, strategic

planning, organizational development and training backgrounds. All current dues-paying

members classified as: "Members," "Retired Members," "Life Members," or "Fellows" (who

are classified as "Members," "Retired Members," or "Life Members" are eligible to nominate

a fellow member or self-nominate. No slate shall have more than one individual from the

same firm, agency, or organization,

Election ballots will be distributed to current dues-paying members February 2014. Please

email your letter of nomination or self-nomination, along with the candidate’s CV/resume and

a photo, no later than January 20, 2014 to nsmsinc@ahoo.com. You may also physically mail

the nomination to:

National Safety Management Society

c/o NSMS Nominating Committee

P.O. Box 4460

Walnut Creek, CA 93496-0460

Thank you, in advance, for your interest in serving on the NSMS governing board.

With 2014 Budget Settled, OSHA Predicts It Will Conduct Over 37,600

Inspections (Bruce Rolfsen, Bloomberg BNA – January 30, 2014)

With federal inspection activities fully funded at $207.8 million and the whistle-blower

program getting a $2 million boost, the Occupational Safety and Health Administration's

enforcement efforts for fiscal 2014 are solidifying.

OSHA projects that it will conduct 37,635 federal inspections for 2014, agency spokeswoman

Lauren North told Bloomberg BNA Jan. 28.

In April, when the 2014 budget request was released, OSHA projected conducting 39,250

inspections, about the same as the 39,271 inspections made in 2013. However, the

government shutdown in October prevented the agency from performing about 1,400 site

visits, according to a summary of the shutdown's impact by the White House Office of

Management and Budget.

The agency's plans for fiscal 2015 and proposed allocations to state programs are expected to

be detailed on March 4, when the White House releases its proposed budget and spending

justifications.

‘Weighted' Inspections

OSHA will use 2014 inspections to set a baseline for future priorities as the agency moves

toward a “weighted” inspection program, North said.

Currently, each inspection, whether it takes six months for a process safety management

review or six hours at a construction site, is weighted the same by OSHA. By weighting

inspections, OSHA will take into account resources required for different types of inspections,

North said.

“The weighting system would allow the agency to more accurately measure and assign

limited resources required to perform various inspection-related activities,” North said.

Since 2011, OSHA administrator David Michaels has advocated for performing fewer

inspections in exchange for conducting a greater number of time-consuming inspections.

Whistle-blower Staffers

OSHA had asked for funding to pay for 47 new positions to handle and investigate whistle-

blower complaints, raising the number of whistle-blower staff members to 162. However,

OSHA's whistle-blower budget grew by only $2 million to $17 million, not the $21.9 million

allocation the agency had requested.

North said no decisions have been reached on how many new whistle-blower staff positions

would be created with the $2 million increase.

The agency justified the new positions saying they were needed to help reduce a case backlog

and cope with the additional work created by recent laws such as the Food Safety and

Modernization Act and the Affordable Care Act.

OSHA's budget request forecasted a backlog of 2,385 whistle-blower requests in 2014. The

prior year, 82 percent of the 2,272 then-unresolved cases had been open for over 90 days, and

on average the cases had been pending for 408 days. Federal law calls for completing

complaint investigations within 30 to 90 days, depending on the statute covering the

complaint.

What's OSHA Planning for 2014? (Safety Daily Advisor – January 20, 2014)

Here's a quick review of OSHA's rulemaking plans for 2014 and what they might mean for you and your company

The U.S. Department of Labor (DOL) says that the regulations OSHA will be pursuing in

2014 are part of a plan/prevent/protect approach, "designed to ensure employers and other

regulated entities are in full compliance with the law every day, not just when the Department

of Labor engages an employer."

DOL is emphasizing greater openness and transparency by giving employers, workers, and

others greater access to information concerning workplace conditions and expectations. The

goal, says the department, is for compliance to become a more cooperative exercise.

New Final Rules Anticipated for 2014

OSHA plans to issue several final rules in 2014, as well as move proposed rules closer to

implementation. Initiatives addressed in the regulatory agenda include:

Confined spaces in construction. A final rule is expected early in 2014.

Occupational injury and illness recording and reporting requirements. OSHA plans to

revise the reporting requirements regarding the obligations of employers to report to OSHA

the occurrence of fatalities and injuries that require hospitalization. A final rule is scheduled

for April 2014.

Slips and Falls—Personal Fall Protective Systems. OSHA has a final rule awaiting action

by the Office of Management and Budget (OMB) that will incorporate personal fall protection

systems into the existing general industry rule for Walking and Working Surfaces (29 CFR

1910.23) that reflects new technologies. The final rule is expected in June 2014.

Electric power transmission and distribution. A final rule awaiting action by the OMB

would update requirements for foot protection and aerial lift fall protection for electrical

installations.

Proposed Rules Moving Forward in 2014

Modernizing recordkeeping. Under a proposal, certain employers would be required to

submit injury and illness recordkeeping data electronically

Injury and illness prevention plan (I2P2). OSHA is shaping a proposed rule that would

require employers to develop a formal program to reduce workplace injuries and illnesses

through a systematic process that proactively addresses workplace safety and health hazards.

A notice of proposed rulemaking is expected in September 2014.

Occupational exposure to respirable crystalline silica. A proposal published in the Federal

Register on September 12, 2013, would establish a new limit of 50 micrograms per cubic

meter of air. Hearings on the proposal are scheduled to begin on March 18, 2014.

Whistleblower protection. New rules have been proposed to establish consistent and

transparent procedures for filing whistleblower complaints.

Cranes and derricks in construction. The agency plans to issue a notice of proposed

rulemaking that would address operator certification and other issues.

A number of regulations are in the pre-rule stage or are at various levels of review:

Bloodborne pathogens. The agency is considering the continued need for the rule in light of

overlap and possible conflicts with other regulations.

Infectious diseases. A possible standard would require that employers establish a

comprehensive infection control program.

Preventing back-over injuries and fatalities. OSHA has requested information and has held

stakeholder meetings to discuss emerging technologies that address the risks of backing

operations.

Reinforced concrete in construction. OSHA says current rules may not adequately address

the hazards; the agency is seeking information on the topic.

Combustible dust. Rulemaking has begun, but no proposal has been issued.

In addition, OSHA continues to review its chemical standards. The majority of existing

permissible exposure limits (PELs) were adopted in 1971, and only a few have been updated

since that time.

OSHA Extends Comment Period For New Injury and Illness Reporting

Requirements (By Patricia J. Hill, Matthew W. Clarke and Jeffrey P. Watson, Smith

Gambrell & Russell LLP, Association of Corporate Counsel – January 24, 2014)

The Occupational Safety and Health Administration (“OSHA”) announced that it will extend

the comment period to March 8, 2014, on its proposed rule to require certain employers to

electronically submit employee injury and illness information for public viewing.

As of now, employers with more than ten employees and whose establishments are not

classified as a “partially exempt industry” 1 must record work-related injuries and illnesses

using OSHA Forms 300, 300A and 301. Current and former employees, or their

representatives, have the right to access injury and illness records, and employers are required

to provide a copy of the relevant record, upon request, by the end of the next business day.

However, OSHA’s new rule would require employers with more than 250 employees to file

electronic injury and illness reports on a quarterly basis, in addition to any OSHA request for

such information. OSHA also intends to make the injury and illness reports available to the

general public.

Larger employers should be concerned by this development, as these reports will now be

readily available to all employees, plaintiff’s attorneys, and unions for quick and easy

analysis. Having this information at their fingertips, plaintiff’s attorneys will be able to

quickly analyze any pattern of errant behavior of the employer, and unions will use the

information for organizing the workplace. The reporting system will also make the

identification of potential plaintiffs for class action lawsuits more efficient and less expensive

for plaintiffs’ counsel.

OSHA held a public hearing on January 9, 2014 on the issue, and it will accept written

comments until March 8, 2014. These public comments are often an effective means of

altering or opposing a given rule, as demonstrated in the NLRB’s recent failure to implement

its notice posting requirement

America’s Safest Companies 2013 Protect Workers, Production and

Property (By Sandy Smith, EHS Todays – November 11, 2013)

As you will see, the 16 companies honored as America's Safest represent a number of

industries and provide over 100,000 workers with a safe work environment.

Profiled by Editor-in-Chief Sandy Smith and Senior Editor Josh Cable, these companies –

Advanced Technologies and Laboratories International, Alberici Constructors, American &

Efird LLC, The Brock Group, Dresser-Rand, The Great Lakes Construction Co., Honda of

South Carolina, LP Building Products, Morton Salt, The Mundy Companies, Northern

Improvement Co., Odebrecht, Raytheon Co., Rogers Corp. Advanced Circuit Materials

Division, Safariland LLC and Valdes Engineering – represent industries as diverse as public

infrastructure construction, textiles, defense, facility maintenance, oil and gas, mining and

heavy manufacturing. Despite their differences – worker populations that range from 100

employees to nearly 70,000, one facility or 150, diverse business models and a range of

industries – the 16 America's Safest Companies for 2013 have integrated safety into the way

they do business, treating EHS as a building block necessary for success in their respective

markets.

Companies that are named to EHS Today's ASC list understand the symbiotic relationship

between safety and productivity, profits, morale and employee retention. The marketplace is

demanding that companies be sustainable, and they only should be considered sustainable if

they protect their most important asset: employees.

All of the 2013 America's Safest Companies demonstrate support from management and

employee involvement; provide innovative solutions to safety challenges; report injury and

illness rates significantly lower than the averages for their industries; support comprehensive

training programs; believe that the prevention of incidents is the cornerstone of the safety

process; have integrated safety into their corporate culture and communicate the value of

safety to employees and customers; and substantiate the benefits of the safety process.

The 2013 America's Safest Companies were honored Oct. 29 in Atlanta during the America's

Safest Companies Conference at an awards ceremony sponsored by MCR Safety.

What You Should Know About OSHA's Annotated PEL Tables (By Emily

Clark, BLR Safety Editor, Safety Daily Advisor – February 4, 2014)

OSHA recognizes that many of its permissible exposure limits (PELs) are outdated and

inadequate for ensuring protection of worker health. Most of OSHA's PELs were issued

shortly after adoption of the Occupational Safety and Health Act in 1970, and have not been

updated since that time.

Industrial experience, new developments in technology, and scientific data, says OSHA,

clearly indicate that in many instances these adopted limits are not sufficiently protective of

worker health. This has been demonstrated by the reduction in allowable exposure limits

recommended by many technical, professional, industrial, and government organizations, both

inside and outside the United States.

Many large industrial organizations have felt obligated to supplement the existing OSHA

PELs with their own internal corporate guidelines. Furthermore, OSHA's Hazard

Communication standard (1910.1200 Appendix D) requires that safety data sheets list not

only the relevant OSHA PEL but also the ACGIH® TLV® and any other exposure limit used

or recommended by the chemical manufacturer, importer, or employer preparing the safety

data sheet.

Annotated Z-Tables

To provide employers, workers, and other interested parties with a list of alternate

occupational exposure limits that may serve to better protect workers, OSHA has annotated

the existing Z-Tables with other selected occupational exposure limits. OSHA has chosen to

present a side-by-side table with the Cal/OSHA PELs, the NIOSH Recommended Exposure

Limits (RELs) and the ACGIH® TLVs®s. The tables list air concentration limits, but do not

include notations for skin absorption or sensitization.

OSHA's mandatory PELs in the Z-Tables remain in effect. However, OSHA recommends that

employers consider using the alternative occupational exposure limits because the agency

believes that exposures above some of these alternative occupational exposure limits may be

hazardous to workers, even when the exposure levels are in compliance with the relevant

PELs.

Other Information

Cal/OSHA, NIOSH, and ACGIH have occupational exposure limits (OELs) in addition to

those listed in the annotated tables. The annotated tables contain links to the complete OEL

lists from Cal/OSHA and NIOSH. TLVs® are not publicly available, but can be purchased on

ACGIH®'s website (www.acgih.org).

For the most current OELs and information on notations such as skin absorption, users should

consult complete listings and explanations from Cal/OSHA, NIOSH, and ACGIH®. Each of

the alternative lists of exposure limits is accompanied by extensive explanatory language on

their source websites. These include averaging periods, size selective measures, and similar

information. In particular, ACGIH® provides an explanation of the use of TLVs® and access

to documentation. For more information and documentation, consult with these organizations.

For more information about OSHA’s annotated PEL tables, click on this link -

https://www.osha.gov/dsg/annotated-pels/index.html

Utah Supreme Court Rejects Multi-Employer Worksite Safety Doctrine (By

Josh Cable, EHS Today – February 5, 2014)

The court concluded that Utah employers are not responsible for the safety of their subcontractors.

General contractors on multi-employer worksites are not responsible for the safety of their

subcontractors, the Utah Supreme Court has ruled. With the decision, the court rejected the

federal labor law known as the multi-employer worksite doctrine, which holds a general

contractor accountable for the safety of all employees on a worksite, including those of

subcontractors. The court asserted that the federal doctrine is “incompatible with the

governing Utah statute.”

“Specifically, we hold that the responsibility for ensuring occupational safety under the

governing statute is limited to an employer’s responsibility to its employees,” wrote Justice

Thomas Lee in the court’s ruling.

The decision comes on an appeal filed by Hughes General Contractors, which was hit with

citations and fines for safety violations while overseeing a renovation project at Parowan High

School. Among the penalties, Utah OSHA held Hughes accountable for the scaffolding

violation of masonry contractor B.A. Robinson, invoking the federal multi-employer worksite

doctrine. Hughes contested the citation, on the grounds that Utah OSHA “erroneously

interpreted or applied the law.”

While the Utah Supreme Court acknowledged that federal courts have consistently upheld the

multi-employer worksite doctrine, the court noted that the applicable Utah statute “is not a

mirror-image of its federal counterpart.”

In its interpretation of the Utah statute that requires employers to provide safe work

environments for their employees, the court concluded that the law only applies to workers

who are directly employed by the employers. The court ruled in favor of Hughes General

Contractors, reversing the citation and fine against the company. In doing so, the Supreme

Court overturned the decisions of an administrative law judge and the Utah Labor

Commission, asserting that their respective decisions were “based on a legal ground that we

now repudiate.”

“Hughes was not an ‘employer’ in connection with the work done by B.A. Robinson’s

workers,” Lee wrote. “It had none of the rights of control identified in our cases – as to hiring

and firing, method of payment, etc. Instead it had only general supervisory authority over the

worksite. That did not render it an employer subject to sanctions for failure to comply with

[Utah OSHA laws].”

Lee pointed out that the court’s ruling merely is an interpretation of the language of the law –

and not a judgment on whether or not contractors should be held accountable for the safety of

their subcontractors. “It may well be, as the Labor Commission advocates, that a broad multi-

employer duty to assure compliance with the standards of [Utah OSHA laws] would enhance

workplace safety in Utah,” Lee wrote. “ … In any event, the interpretive function for us is not

to divine and implement the statutory purpose, broadly defined. It is to construe its language.”

The Holy Grail of Safety: A Single, All-Encompassing Safety Leading

Indicator (By Griffin Schultz, EHS Today – February 6, 2014)

Safety practitioners seem to be on a quest similar to that of King Arthur and his Knights of the Round

Table. But instead of trying to find the Holy Grail, safety professionals are trying to find something similarly elusive – a single, all-encompassing leading indicator upon which they can manage their entire

safety function.

I have good and bad news on the topic of leading indicators for safety. First, the bad news: A

single, all-encompassing safety leading indicator is like the fountain of youth – it probably

does not exist. However, there is some good news: There is a single leading indicator that

seems to stand above all the rest with regard to its ability to explain and predict workplace

injuries. This leading indicator is the information that is derived from conducting safety

inspections and observations.

A research study conducted in partnership with a team from Carnegie Mellon University

(CMU) found that 75 percent of the variation in the frequency of safety incidents can be

explained by the information derived from safety inspections and observations. Further, this

team was able to build a computer model that could predict future incidents with accuracy

rates as high as 80 to 97 percent.

How’d they do this? You guessed it: using inspection and observation data.

So, is your organization using this powerful leading indicator that can explain 75 percent of

incidents and even predict them by as much as 97 percent of the time? If not, why not?

How Was this Research Conducted?

The team that conducted the research is part of an internal department at CMU that is on the

cutting edge of machine learning and data analytics. This same department helped IBM build

both the Deep Blue super-computer that beat the top chess masters in the 1990s, as well as the

Watson super-computer that beat the top contestants on the game show "Jeopardy" just a few

years ago.

The team was given access to four years of real-world safety-inspection and observation data

from several different companies. They matched this data with the safety-incident data from

these same companies across this same time period. Then, they fed a portion of both data sets

to high-powered computers. These sophisticated machines "learned" by examining this big

data that included millions of inspections, observations and incidents.

After a period of "learning," the systems derived several predictive models that used 90 days

of safety inspections and observations to predict the safety incidents over the next 30 days.

These models were then tested for accuracy against a data set that the computers had not yet

seen. The best models proved to be accurate at predicting overall incident levels 80 to 97

percent of the time.

When these predictions were compared to the actual incidents, the R2 correlation was 0.75.

An R2 of 0.75 may be interpreted as follows: 75 percent of the variation in the response

variable (safety incidents) can be explained by the explanatory variables (safety inspections

and observations).

From this analysis, it was determined that safety inspections and observations can explain and

even predict safety incidents with dramatic accuracy and thus, are one of the most compelling

safety leading indicators available today.

Laszinski Column: Hearing Conservation Programs Essential in the

Workplace (By Sheana Laszinski, Central Wisconsin Business – February 1, 2014)

Exposure to loud noises at work is more than just annoying – it can lead to permanent hearing

loss. According to OSHA, approximately 30 million people in the United States are exposed

to hazardous noise every year at work.

Long term exposure to hazardous noise levels can cause permanent hearing loss that cannot

be corrected by surgery or a hearing aid. Short-term exposure to loud noise can cause a

temporary change in hearing or a ringing in the ears. These short-term problems may go away

within a few minutes or hours after leaving the noisy area. However, prolonged exposure to

high noise levels over a period of time gradually causes permanent damage.

How do you know if a workplace is too loud? If two people 3 feet apart must shout to be

heard, the background noise is above 85 decibels (dBs) – that is considered too loud.

Employees in our area do many types of jobs or use equipment that exposes them to loud

noises. To give you an idea, this is the noise level associated with these common activities

and tools:

Wood Shop — 89.6 dBs (avg.)

Ag/Metals — 87.6 dBs (avg.)

Trimmer — 92.0 dBs

Edger — 94.5 dBs

Lawnmower — 96.4 dBs

Chainsaw — 110 dBs

Jackhammer — 112 dBs

Tractor — 95-105 dBs

Circular Saw — 90-100 dBs

Noise above 140 dBs causes pain and immediate hearing loss. Employers are required to

monitor employee noise-exposure levels to identify those who are exposed at or above 85

dBs. In these situations, an employer needs to implement a hearing conservation program.

Benefits to businesses that have effective HCP include:

Preventing hearing loss among the workforce

Improving employee morale and general feeling of well-being

Increasing quality of production

Reducing the incidence of stress-related disease

According to the OSHA guidelines, as a part of an HCP, employers must:

Measure employee exposure to loud noises. The exposure measurement must

include all continuous, intermittent, and impulsive noise within an 80 dB to 130 dB

range and must be taken during a typical work situation. This requirement is

performance-oriented because it allows employers to choose the monitoring method

that best suits each individual situation. Employers must repeat monitoring whenever

changes in production, process, or controls increase noise exposure.

Provide audiometric testing to monitor an employee’s hearing over time. The

important elements of the program include baseline audiograms, annual audiograms,

training and follow-up procedures. Employers must make audiometric testing

available at no cost to all employees who are exposed to an action level of 85 dB or

above, measured as an 8-hour time-weighted average. This can be an opportunity for

employers to educate employees about their hearing and the need to protect it. A

licensed or certified audiologist, otolaryngologist or other physician must be

responsible for the program. Both professionals and trained technicians may conduct

audiometric testing.

Provide hearing protectors to all workers exposed to 8-hour TWA noise levels of

85 dB or above. This requirement ensures that employees have access to protectors

before they experience any hearing loss. Employers must provide employees with a

selection of at least one variety of hearing plug and one variety of hearing muff.

Employees should decide, with the help of a person trained to fit hearing protectors,

which size and type protector is most suitable for the working environment. Hearing

protectors must adequately reduce the noise level for each employee’s work

environment.

Provide employee training. Workers who understand the reasons for the hearing

conservation programs and the need to protect their hearing will be more motivated to

wear their protectors and take audiometric tests. Employers must train employees

exposed to TWAs of 85 dB and above at least annually in the effects of noise; the

purpose, advantages and disadvantages of various types of hearing protectors; the

selection, fit and care of protectors; and the purpose and procedures of audiometric

testing.

Keep noise exposure measurement records for two years. Companies also must

maintain records of audiometric test results for the duration of the affected employee’s

employment.

Safety Training Strategies: National Safety Council Safety Calendar

Safety observances happen throughout the year. Don’t miss out on an opportunity to educate

your coworkers and family members on a variety of safety topics. The National Safety

Council’s Safety Observances Calendar can help you prepare – http://www.nsc.org/news_resources/Resources/Documents/Safety%20Observance%20Calendar%202014.pdf

January 2014

Date Event

1-31 National Radon Action Month

February 2014

Date Event

1-28 American Heart Disease Awareness Month

2-8 National Burn Awareness Week

March 2014

Date Event

1-31 National Nutrition Month

1-31 Workplace Eye Wellness Month

2-8 National Patient Safety Awareness Week

2-9 National Sleep Awareness Week

16-22 National Poison Prevention Week

April 2014

Date Event

1-30 Alcohol Awareness Month

1-30 National Distracted Driving Awareness Month

1-30 Injury Prevention Month

1-30 Sports Eye Safety Month

1-30 National Youth Sports Safety Month

1-7 Medication Safety Week

4-6 Alcohol Free Weekend

6-12 National Window Safety Week

7 World Health Day

7-11 National Work Zone Awareness Week

7-13 National Public Health Week

22-26 National Playground Safety Week

26-5/3 National Infant Immunization Week

28 Workers' Memorial Day

May 2014

Date Event

1-31 Motorcycle Safety Month

1-31 National Bike Month

1-31 Clean Air Month

1-31 National Electrical Safety Month

1-31 Older Americans Month

1-31 Healthy Vision Month

1-31 National Physical Fitness & Sports Month

1-31 Mental Health Month

1 Keep Kids Alive - Drive 25 Day

1-7 National Physical Education & Sports Week

2-8 International Building Safety Week

4-10 North American Occupational Safety & Health Week

7 Occupational Safety & Health Professionals Day

15 National Employee Health and Fitness Day

17-23 National Safe Boating Week

18-24 National EMS Week

19-25 National Dog Bite Prevention Week

19-6/1 Click It or Ticket Campaign

25-31 National Hurricane Preparedness Week

Various dates

by state in May

& June

Heat Safety Awareness Day

June 2014

Date Event

1-30 National Safety Month

1-30 National Fireworks Safety Month

1-30 Home Safety Month

1-7 National CPR & AED Awareness Week

1-7 Sun Safety Week

July 2014

Date Event

1-31 National Fireworks Safety Month

1-31 UV Safety Month

August 2014

Date Event

1-31 National Immunization Awareness Month

15-9/1 National Stop on Red Week

15-9/1

15-9/15

Drive Sober or Get Pulled Over

Back to School Month

September 2014

Date Event

1-30 Campus Fire Safety Month

1-30 National Alcohol & Drug Addiction Recovery Month

1-30 National Preparedness Month

1-30 Fruit and Veggie Month

1-30 National Food Safety Education Month

1-7 National Childhood Injury Prevention Week

14-20 National Child Passenger Safety Week

21-27 National Farm Safety & Health Week

27 Family Health & Fitness Day USA

October 2014

Date Event

1-31 Eye Injury Prevention Month

1-31 Save Your Vision Month

1-31 National Crime Prevention Month

7-11 Drive Safely to Work Week

5-11 National Fire Prevention Week

19-25 National Teen Driver Safety Week

20-24 National School Bus Safety Week

November 2014

Date Event

17-23 Get Smart about Antibiotics Week

17-23 National Teens Don't Text and Drive Week

11/21-1/1 Tie One On For Safety

December 2014

Date Event

1-31 Safe Toys & Gifts Month

1-31 "3D Month" - Drunk and Drugged Driving Prevention

7-13 National Handwashing Awareness Week

Lessons Learned: The Biggest OSHA Stories of 2013 (Safety Smart Compliance,

January 14, 2014)

“May you live in interesting times.” This ancient Chinese curse is one safety professionals can readily relate to. After all, the times don’t get interesting unless injuries, incidents, unforeseen changes and other bad things happen. If you run your organization’s health and safety program, you want the times to be as boring as possible. So I hope 2013 wasn’t an interesting year for you and your organization. Here’s a look

at the 8 most interesting OSHA things that happened last year.

1. GHS Training Deadline Takes Effect

The first stage of GHS phase-in occurred on December 1, when the deadline to provide GHS

safety information and training to exposed workers took effect.

What to Expect in 2014: You’ll need to continue to provide GHS/Hazcom training to

workers before initial exposure and new and re-training before exposure to new chemical

hazards. Meanwhile, although no new GHS deadlines are scheduled, GHS phase-in will

continue in 2014. Deadlines:

June 1, 2015: Chemical manufacturers, importers and distributors must reclassify and prepare

GHS-compliant SDSs for their products;

December 1, 2015: Chemical manufacturers, importers and distributors must meet GHS label

requirements; and

December 1, 2016: Final compliance deadline: Employers must update their Hazcom program

to comply with GHS.

2. OSHA Cuts Crystalline Silica Exposure Limits in Half

The most significant new law proposed by OSHA in 2013 was the Notice of Proposed

Rulemaking (NPRM) on crystalline silica, especially the proposal to reduce:

The maximum amount of exposure—Permissible Exposure Limit (PEL)—for crystalline silica

from 100 to 50 micrograms per cubic meter of air (50 μg/m3); and

The limit at which additional steps are required to protect workers—Action Limit—from 50

μg/m3 to 25 μg/m

3

What to Expect in 2014: OSHA will hold hearings on the NPRM in March. The next step

will be to publish the Final Rule, which would take effect 90 days after it’s published in the

Federal Register. Theoretically, this could happen at the end of the year; based on OSHA’s

past performance in rulemaking, 2015 is a much more realistic expectation.

3. OSHA Shuts Down

2013 will be remembered as the year the federal government shut down. The 3-week

shutdown in October left OSHA with a skeleton staff of 230—90% of its normal contingent—

including 2 inspectors at each of its 92 area offices. Predictably, OSHA enforcement activity

fell off dramatically in October, as illustrated by the following chart:

Federal OSHA Fines in 2013

MONTH REPORTED CASES TOTAL FINE AMOUNT AVERAGE FINE

Dec. 2013 38 $3,837,600 $100,989

Nov. 2013 31 $3,099,400 $99,980

Oct. 2013 14 $1,522,200 $108,728

Sept. 2013 48 $5,689,400 $118,529

Aug. 2013 44 $5,608,900 $127,475

July 2013 31 $2,652,570 $85,567

June 2013 29 $3,035,700 $104,679

May 2013 22 $2,426,100 $110,277

Apr. 2013 34 $2,448,100 $72,002

Mar. 2013 37 $3,197,600 $86,421

Feb. 2013 21 $2,600,702 $123,843

Jan. 2013 21 $1,803,664 $85,889

TOTALS 370 $37,921,936 $102,492

What to Expect in 2014: The government shutdown was a political hiccup that happens

about every other decade (the last one occurred in 1996). Dysfunctional as the leadership in

Washington may be, a repeat performance in 2014 is highly unlikely.

4. OSHA Tells Wal-Mart How to Run Its Safety Program

Wal-Mart has become OSHA’s favorite target (no pun intended). Although the Black Friday

crowd control battle continues, in August, OSHA and Wal-Mart reached a settlement on a

case that began in August 2011 when OSHA found blocked fire exits and LOTO and machine

guarding violations at a Wal-Mart superstore in Rochester, NY. ‘Bad but fairly routine stuff.

But since this was Wal-Mart, OSHA was able to tie the violations to those at stores in 8 other

states, including Alabama, Arkansas, Florida, Georgia, Illinois, Missouri, North Dakota and

Oklahoma. Result: OSHA treated the violations as repeat offenses carrying a maximum fine

of $70,000 a pop. Wal-Mart appealed. On August 7, 2013, OSHA and Wal-Mart announced

that they had agreed to settle the case.

What to Expect in 2014: The real story of the settlement isn’t the $190,000 in fines Wal-

Mart agreed to pay. The amount is roughly half as much as OSHA had proposed; and repeat

citations against national employers for violations at locations in different states is old news.

The big news about the Wal-Mart settlement is how OSHA dictated specific safety measures

it wanted Wal-Mart to take to abate the violations. Clearly, OSHA is now using the repeat

violation hammer not just to increase fines but to tell national companies how to run their

safety programs. Expect the trend to continue in the coming year.

5. OSHA Modernizes Safety Signs

On September 11, 2013, a new rule took effect affecting the look of safety signs and labels

required by various OSHA standards. The design, color and wording of signs and labels must

still meet ANSI standards (ANSI Z535). But the1967 version of the ANSI standard on which

current OSHA sign requirements is dated and delivers information in a way that’s hard for

people with language and reading challenges to digest. The new rule incorporates the 2006

version of the ANSI standard which because of its visual orientation is generally

acknowledged to be better suited to the modern workforce.

What to Expect in 2014: OSHA required safety signs and labels must now meet either the

1967 or 2006 ANSI Z535. Bottom Line: You can keep using the old-fashioned signs and

labels and don’t have to replace them with 2006-compliant versions.

6. Million-Dollar OSHA Fines

The single highest OSHA fine in 2012 was $702,300. But in 2013, OSHA handed out not one

but two million dollar fines:

$1,330,000 against a South Dakota radiator manufacturer for machine guarding violations that

led to a worker’s being crushed to death (including $450,000 to the widow); and

$1,138,500 against an Ohio steel plant for a staggering 15 willful violations, including fall

protection and confined spaces.

(Click here to see the Top 12 OSHA fines of 2013.)

What to Expect in 2014: Although the October shutdown depressed total fines, average fines

were up in 2013 and will probably continue to increase in 2014. One of the biggest reasons

for this is OSHA’s greater willingness to issue “willful” citations, especially against

employers who don’t abate previously cited violations or otherwise have a track record of

OSHA problems.

7. OSHA Proposes Changes to Chemical Safety Rules

On April 17, 2013, a chemical explosion at the West Fertilizer Company storage plant killed

15 and damaged over 150 buildings. The tragedy became a national embarrassment when it

was revealed that despite the hazardous nature of its operations, OSHA hadn’t inspected the

plant since 1985! In August, President Obama issued Executive Order 13650 (EO 13650)

requiring OSHA and the other federal agencies that regulate chemical safety to get together

and coordinate their rules and enforcement. On December 9, OSHA responded by publishing

more than a dozen proposed changes to the Process Safety Management and other chemical

safety standards.

What to Expect in 2014: In January, OSHA and the other agencies affected by EO 13650

will be conducting “listening sessions” on chemical safety law changes. Eventually, OSHA

will issue an NPRM formally proposing the changes and a final rule based on comments to

the NPRM. Of course, new OSHA rulemaking moves at a snail-like pace. But because it’s

part of presidential politics, the chemical safety changes generated by EO 13650 might

actually come to fruition in 2014 or, more likely, 2015.

8. Congress Tells OSHA to Pick Up the Pace on Combustible Dusts

Speaking of new OSHA rules created after plant explosions, OSHA came under fire for lack

of progress on the combustible dusts standard it began working on in 2008 after the deadly

sugar dust explosion at the Georgia Imperial Sugar factory. Five years and 50 combustible

dust explosions later, we’re still waiting for OSHA to issue a final rule. So in March 2013,

democrats in the House of Representatives issued a bill called the Worker Protection Against

Combustible Dust Explosions and Fires Act (HR 691) that would require OSHA to issue a

final standard on combustible dusts within a year.

What to Expect in 2014: While it might make for good politics, HR 691 is unlikely to pass.

But its proposal might just have the desirable effect of pressuring OSHA to get on with the

work. So while the prospects are probably less than 50/50, it wouldn’t be altogether shocking

if OSHA did propose a final rule on combustible dusts some time in 2014.

Lessons Learned: It’s Not Just Industry on OSHA’s Mind - $236,500 Fine

For Repeat Violations at Retail Store (From Safety Smart Compliance – January 9,

2014)

OSHA has cited fashion retail chain Forever 21 for exposing employees to safety hazards at

its stores in Paramus, N.J., and Manhattan. OSHA inspected both stores in July after receiving

complaints alleging violations and proposed $236,500 in penalties.

Inspectors cited the company for four repeat violations at the Paramus store, including:

Obstructed exit routes;

A fire extinguisher that was not mounted and readily accessible;

Stored material that was not secured against sliding or collapse; and

Fluorescent lights that had no cover to prevent accidental contact or breakage.

Inspectors issued citations for two repeat violations to the Manhattan store, including

obstructed exit routes and fluorescent lights with no covers. A serious citation was also issued

because the store was not kept clean and orderly.

“It is unacceptable for Forever 21 to continue repeating these violations, which are common

among retailers, and put workers at serious risk,” said Robert Kulick, OSHA’s regional

administrator in New York. “Retail managers have a legal responsibility to inspect their

stores, identify potential hazards and quickly eliminate them to ensure worker safety and

health.”

A repeat citation is issued when a substantially similar violation is found at any of an

employer’s facilities in federal enforcement states within five years of a previous citation. The

company was previously cited for these violations in 2012. OSHA issues a serious citation

when there is substantial probability that death or serious physical harm could result and the

employer knew, or should have known, of the hazard.

Forever 21 has 15 business days from receipt of its citations and proposed penalties to

comply, meet informally with OSHA’s area director, or contest the findings before the

independent Occupational Safety and Health Review Commission.

Lessons Learned: It’s Not Just Industry on OSHA’s Mind - OSHA

Proposes $169,000 Fine for Discount Retail Store (From Safety Smart Compliance

– November 18, 2013)

OSHA has cited Big Lots Stores Inc. for repeat and serious violations of workplace safety

standards following an inspection begun on May 15 in response to a complaint about its store

in West Babylon. The Columbus, Ohio, retail chain faces $169,000 in proposed fines.

“The size of these fines reflects both the severity of these hazards and the recurrence of

similar violations at the company’s other stores,” said Anthony Ciuffo, OSHA’s area director

for Long Island. “For the safety and well-being of its employees, Big Lots needs to address

these conditions effectively at all its locations.”

OSHA found several hazardous conditions similar to those previously cited at Big Lots stores

in Alabama, Massachusetts and Pennsylvania, including exit routes and aisles blocked by

piles and pallets of merchandise, as well as improperly stacked boxes containing merchandise.

The obstructed aisles and exit routes compromise safe exiting in an emergency, while the

improperly stacked boxes, some of which were crushed and leaning, could fall and strike

workers.

These conditions resulted in OSHA issuing Big Lots three repeat citations with $147,000 in

fines. A repeat violation exists when an employer has been cited previously for the same or a

similar violation of a standard, regulation, rule or order at any of its facilities in federal

enforcement states within the last five years.

The inspection of the West Babylon store also resulted in the issuance of five serious citations

with $22,000 in fines. These citations regard the store’s failure to:

Properly mark and post aisles; exit routes; and doors that could be mistaken for exits; as well

as

Provide portable fire extinguisher training;

Adequate safety training;

Readily available material safety data sheets; and

A written hazard communication program for workers using chemical cleansers.

A serious violation occurs when there is substantial probability that death or serious physical

harm could result from a hazard about which the employer knew or should have known.

Big Lots Stores Inc. has 15 business days from receipt of its citations and proposed penalties

to comply, request an informal conference with OSHA’s area director, or contest the findings

before the independent Occupational Safety and Health Review Commission.