Corporate & Public Safety Header
February 2013 

Greetings!  

 

Putting aside political affiliations, in this month's issue, we review the OSHA policies of the Obama I administration and briefly outline what experts are predicting in an Obama II administration. 

 

Since the inauguration of President Obama in 2009, OSHA has seen increases in its budget, fines and enforcement.  A comparison of the Bush II and Obama I administrations, originally posted at Lexology.com, can be found below:

  • 100,000 new compliance officers
  • Inspections increased by approximately 10,000 from the Bush II administration (mid 30,000 level) to the Obama I administration (mid 40,000)
    • Average and total penalties per inspection have increased:  
      • Bush II: $1,000/violation
      • Obama I: $2,000/violation
  • Enhanced citations (Willful and Repeat violations) increase at a rate of more than 200%
  • Doubled the number of "Significant" enforcement actions (<$100,000) and tripled the number of cases involving total penalties over $1,000,000

As we enter an Obama II administration, experts are predicting little change in the way of enforcement.  However, changes are predicted for fees/violations.  Fines are projected to increase to $3,000.  While the sequestration is front and center on the minds of many businesses, the implementation of such drastic cuts would produce minimal changes to OSHA enforcement.  "Although a particular employer may be marginally less likely to be subject to an enforcement action and an enforcement action may take a marginally longer amount of time to complete, employers in general should continue to operate under the same premise that they have in the past nearly four years: expect and prepare for aggressive enforcement" (Lexology.com). 

 

Looking ahead to the next four years, what other significant differences can we expect in an Obama II administration?   New rules: OSHA currently has 10 regulations at the final rule stage, 10 at the proposed rule stage, five items at the pre-rule stage, and an additional two rulemaking items identified as longer-term priorities (Mondaq.com).  Among the highlights of the anticipated OSHA regulatory items are: 

  • Infectious disease
  • Injury & Illness Protection Program
  • Record keeping
  • Whistleblower protection
  • Longterm rule making
  • Combustible dust

In conclusion, the next four years show no sign of OSHA becoming less aggressive or penalties less severe.  The time is now to ensure that your organization is prepared should an inspection occur.  Have questions about your current safety practices?  Please consider hosting CBI - Corporate & Public Safety at your facility for a free safety assessment to identify any areas of remediation and avoid costly penalties.  Call 610-861-5467 to set up an appointment.

 

IN THE NEWS

5 Million U.S. Workplaces Face New Hazcom Training Deadline in 2013

safetynewsalert.com

While the transition to OSHA's new Hazard Communication Standard (HCS) happens in 2015, businesses face a deadline this year that involves employee training.

<READ MORE>

 

Fatality Prevention: The Numbers Game

ehstoday.com

In the past 6-7 years or so, EHS professionals have been having what some might call "come to Jesus" moments. We have started to openly question some of the tenets that we have held to be absolute truths, leading many of us to accept that we may have led our organizations astray, albeit inadvertently and despite good intentions. <READ MORE>

  

OSHA Announces New Inspection Program

tasco-safety.com

On January 24, the Occupational Safety and Health Administration (OSHA) declared that it was developing an initiative designed to closely monitor federal agencies which reported high numbers of employees out due to illness or injury. The program, known as Federal Agency Targeting Inspection Program (FEDTARG) will kick into action once the 2013 fiscal year begins. <READ MORE>

  

A-Treat Fined Nearly $130,000 for Safety Violations

lvb.com

The U.S. Department of Labor's Occupational Safety and Health Administration has cited A-Treat Bottling Co. with 16 safety and health violations at its Allentown facility, with proposed fines totaling $129,745. <READ MORE>  

 

MACS LogoMID-ATLANTIC OUTREACH TRAINING INSTITUTE

OSHA Outreach Trainer Courses for General Industry & Construction

 

OSHA 510: Occupational Safety & Health Updates for Construction Industry

April 1-4, 2013

$795

Covers OSHA policies, procedures, and standards, as well as construction safety and health principles for private sector employees. Topics include scope and application of the OSHA construction standards for private sector employees. Special emphasis is placed on those areas that are the most hazardous, using OSHA standards as a guide. 

<DOWNLOAD FLYER & REGISTRATION INFORMATION> 

   

LVSCLEHIGH VALLEY SAFETY COMMITTEE (LVSC) 
Free Safety Presentations   

 

March 12, 2013, 2:00pm

Topic: Stress Reduction

Presenter: Tim Duncan, City of Allentown

Location: Fowler Family Southside Center, Room 523

Monthly meeting to follow 

 

FREE SAFETY ASSESSMENTS
CBI - Corporate & Public Safety provides free safety assessments that include a tour of your facility and a review of your safety practices to ensure the highest level of safety, performance and compliance are being implemented at your organization. Please note: the free assessment does not include documentation and is not regulatory. To find out more, please call  610-332-6596 or visit www.northampton.edu/SAFETY. 
SAFETY LINES
Tom Barnowski 
Corporate & Public Safety Director

  

The Injury and Illness Prevention Program announcement of January 2012 as discussed in an OSHA White Paper has presented some interesting challenges for U.S. workplaces. The Paper describes workplace injury and illness prevention from introduction to implementation. Clearly the advantages and benefits of such a program should be embraced by employers far and wide. Sadly, the Paper also alludes to the challenging realities of actually implementing such a program while dealing with negative attitudes as they relate to workplace safety.

 

Within the Paper, there is discussion on "selling" management the virtues of the program. Harsh statements that declare OSHA compliance is the law and cannot be ignored can gather attention. If that does not conjure interest, the moral and ethical card is played. The final motivator is money. Within the context of an injury and illness prevention program, the "Dollars and Sense" of safety cannot be denied. The upfront cost of preventitive workplace safety intiatives is much less than the costs after an incident has occurred.  Simply stated, the bottom line is enhanced.

 

Consider that the average direct and indirect expense associated with a work related broken wrist will be about $60,000.  If the company yields a 10% profit margin on goods or services sold, they will need to generate an additional $600,000 of sales revenue to offset the expenses associated with the injury. Clearly the "Dollars and Sense" of this kind of math demands an investment in an injury and illness prevention program. The facts are simple to understand. Investments in safety pay real dividends that go beyond the dollars.