Tag Archives: OSHA

by | May 6, 2010 · 6:20 am

Hospitality Industry Workplace Safety: OSHA Considering A Rule Mandating A “Formal Injury And Illness Prevention Program” For Employers

OSHA is considering a proposed rule for a formal Injury and Illness Prevention Program and will hold informal stakeholder meetings on the proposal. The proposal 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.

(From a Safety.blr.com article)   On the basis of OSHA’s experience with workplace safety programs, a proposed rule would include the following elements:

  • Management duties
  • Employee participation
  • Hazard identification
  • Hazard prevention and control
  • Education and training
  • Program evaluation and improvement

 Injury and Illness Prevention Program State Requirements    There are 24 states that require a written injury and illness prevention program for certain industries, mostly as a requirement for worker’s compensation insurance coverage. 16 states offer discounts on workers’ compensation premium rates of up to 5 percent for qualifying organizations that voluntarily adopt and implement written safety and health programs.

California, for example, requires employers to have formal written injury and illness prevention programs. BLR has prepared written tips and considerations to help employers develop an injury and illness prevention program based on California’s requirements, and they cover OSHA’s proposed program elements:

OSHA Provides Incentives for Injury and Illness Prevention Programs

OSHA has a policy of reducing penalties for employers who have violated OSHA standards but who have demonstrated a good faith effort to provide a safe and healthy workplace to their employees. The Agency has long recognized the implementation of a safety and health program as a way of demonstrating good faith.

http://safety.blr.com/workplace-safety-news/safety-administration/illness-and-injury-reporting-OSHA-300-log/New-Injury-and-Illness-Prevention-Program-Rule-Con/

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by | April 28, 2010 · 5:42 am

Hospitality Industry Safety Training: Hotel And Restaurant Owners Must Provide Training “Tailored To The Employees’ Language And Education”

“If the employees receive job instructions in a language other than English, then training and information … will also need to be conducted in a foreign language.”

In a 1999 letter of interpretation OSHA states “instruction … must be tailored to the employees’ language and education …”

(From a ReliablePlant.com article)   There is no single OSHArule for training – employee trainingis a requirement in several different OSHA standards. In a recent speech, Secretary of Labor Hilda Solis announced a number of new worker training initiatives that will be implemented by OSHA.

According to Solis, OSHA currently requires that training provisions under its standards be provided in a language or a form that the workers can understand. The agency further requires that its compliance officers verify that workers have received the training required by OSHA standards.

However, effective April 28th, OSHA compliance officers will check not only that the training has been provided, but that it was provided in a format that the workers being trained can understand.

This new effort stems from an incident in which a worker was crushed to death in a machine she was cleaning. She had not been trained on how to clean the machinery safely and had not been given the manual to read because the employer stated that the employee could not speak or read English.

“This defies logic and is reprehensible!” stated Solis.

http://www.reliableplant.com/Read/24253/OSHA-focus-training-compliance

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by | April 18, 2010 · 3:19 pm

OSHA Laws Protect Workers And Insure Medical Bills And Lost Time Are Covered

(From a 24-7PressRelease)  While most employers make worker safety a top priority, as mandated and regulated by the Occupational Safety and Health Administration (OSHA), on-the-job injuries do still happen. This is the reason for the government-mandated Workers’ Compensation program. Workers’ Compensation is designed to compensate victims of workplace injuries and illnesses.

In general, the purpose of Workers’ Compensations laws is to ensure that all the injured worker’s medical bills and lost time are covered in exchange for ceding the right to sue the employer for negligence. However, the system is not perfect and problems can arise that prevent employees from getting the compensation they deserve.

Denial of benefits

While many employers act in good faith in the best interests of injured employees, getting them their benefits promptly and completely, some work to undermine Worker’s Compensation claims. This happens for one simple reason–profits. Most large employers are required to carry Workers’ Compensation insurance to ensure that funds are available to provide benefits.

However, employers can save money on insurance premiums by reducing the amount of benefits they pay out, and their insurance company is happy to help them.

Injuries not caused by accidents

Many workers assume that Workers’ Compensation only applies in cases where the injury was caused by a specific accident. In fact, you may be eligible for compensation for a wide range of injuries and illnesses caused by repetitive motion, daily tasks, or the workplace environment.

For example, carpal-tunnel syndrome and asbestosis can be qualifying conditions.

If you are injured on the job or become ill from workplace conditions, be sure to follow all of your employer’s reporting procedures. Failing to comply with your employer’s policies may jeopardize your claim and give the employer legal grounds to deny your benefits.

http://www.24-7pressrelease.com/press-release/workers-compensation-in-palm-beach-146904.php

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by | March 29, 2010 · 7:17 am

Hospitality Industry Safety: OSHA Outreach Training Program May Be Mandated Nationally As It Stresses “Safety And Health Hazard Recognition And Prevention”

The OSHA Outreach Training Program is our primary way to train workers in the basics of occupational safety and health. Through the program, individuals who complete a one-week OSHA trainer course are authorized to teach 10-hour and 30-hour courses in construction or general industry safety and health hazard recognition and prevention. Authorized trainers can receive OSHA course completion cards for their students. Over the past three years, over 1.6 million students have received training through this program.

10-HOUR GENERAL INDUSTRY REQUIRED COURSE TOPICS
*OSHA subpart references are provided for informational purposes;

training should emphasize hazard awareness
Mandatory – 6 hours  
One Hour – Introduction to OSHA, including:

  • OSH Act, General Duty Clause, Employer and Employee Rights and Responsibilities, Whistleblower Rights, Recordkeeping basics
  • Inspections, Citations, and Penalties
  • Value of Safety and Health
  • OSHA Website and available resources
  • OSHA 800 number
One Hour 
Walking and Working Surfaces, Subpart D – including fall protection
One Hour 
Exit Routes, Emergency Action Plans, Fire Prevention Plans, and Fire Protection, Subpart E & L
One Hour 
Electrical, Subpart S
One Hour 
Personal Protective Equipment, Subpart I
One Hour 
Hazard Communication, Subpart Z
 

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by | March 25, 2010 · 5:21 am

Hospitality Industry Workplace Safety: Assistant Secretary Of Labor Stresses Need To Increase OSHA Penalties Against Employers Who Do Not Comply With OSHA Standards

Dr. David Michaels, Assistant Secretary of Labor for the Occupational Safety and Health Administration, who emphasized that current OSHA penalties must be increased in order to motivate employers to increase their compliance with the OSHA standards. Michaels stated that environmental laws currently carry much heavier penalties than penalties under the OSH Act, especially where loss of human life is involved.

(From and Hr.cch.com article)    The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing Tuesday on the “Protecting America’s Workers Act (PAWA) (H.R. 2067).” The bill, introduced by Rep. Lynn Woolsey (D-CA), chair of the subcommittee, addresses three major weaknesses in the Occupational Safety and Health (OSH) Act:

  • It would expand OSHA coverage to more than 8.5 million state and local public employees who currently have limited or no protection from safety and health hazards at work.
  • It also would amend OSHA’s whistleblower provisions to expedite the process because the current delays in decision-making deprives workers of due process.
  • Finally, the bill would update civil and criminal penalties.

http://hr.cch.com/news/safety/032410a.asp

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by | March 12, 2010 · 10:18 am

Hospitality Industry Risk Management: Two-Thirds Of Hotel Owners Find Meeting And Exceeding OSHA Standards Reaps Three-Fold Savings Over Every Dollar Invested In Safety

Section 5(a)(1) of the Occupational Safety and Health Act requires employers to furnish a workplace free from recognized hazards. E911 is an important component of an employer’s emergency action plan. An organization cited by OSHA for workplace violations could potentially be subjected to significant fines.

— A fire, act of violence or employee accident can have a devastating impact financially and emotionally on an organization. Beyond the direct expense of loss of life and property in a crisis, operations also can be significantly disrupted.

According to a survey by the Liberty Mutual Group, about two-thirds of employers report a three-fold savings for every dollar invested in safety.

(From a TMCNet.com article)   The need to comply with state E911 legislation is a prime motivator for adding E911 protection to IP, PBX (News – Alert) and Centrex phone systems. Over the past decade, a significant percentage of RedSky E911 solutions have been sold to enterprise, government, university and school district customers with operations in at least one of the 16 states with legislation on the books.

But why don’t organizations in states without E911 legislation take measures to ensure that first responders can quickly find employees, visitors and students in the event of an emergency at the same rate as organizations in these 16 states?

http://www.tmcnet.com/voip/0210/beyond-legislation-why-e911-matters.htm

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by | March 2, 2010 · 6:33 am

Hospitality Risk Management: OSHA Proposes New Rules To Track Workplace Muscluloskeletal Disorders

“It will increase the number of recordable incidents by broadening what might qualify as an MSD,” he says. “So after collecting the data for a while, I wouldn’t be surprised to see OSHA announce that there is a major MSD problem and decide to do something about it.”

Ashley Brightwell, a partner in the Atlanta office of Alston & Bird, agrees the rules could lead to “future actions by OSHA to regulate MSDs … and increase the number of citations being issued against employers.”

On Jan. 29, OSHA proposed new rules that would require employers to track and report workplace-related musculoskeletal disorders. While the changes are ostensibly little more than additional record-keeping, experts warn the proposal could likely pave the way for further enforcement and rulemaking by the agency.  

OSHA wants to restore a column to the OSHA 300 log that would record work-related musculoskeletal disorders, such as carpal-tunnel syndrome and rotator cuff syndrome. The rules are identical to those contained in an OSHA record-keeping regulation that was issued in 2001 by the Clinton administration, but was removed in 2003 during the Bush presidency before ever going into effect.  

Critics argued at the time that the definition used to describe musculoskeletal disorders was far too broad to be useful and that the new column wouldn’t contain the type of detailed information that would be needed to address the problem of musculoskeletal disorders.

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