The federal Occupational Safety and Health Administration (OSHA) recently issued a memorandum to its Regional Administrators and Whistleblower Program Managers providing them guidance on employer practices that may discourage employees from reporting on-the-job injuries or illnesses. The primary focus of the memorandum is safety incentive plans, such as safety bonuses, and disincentive policies, such as unfairly disciplining for workplace injuries. OSHA’s memorandum instructs investigators about the most commonly used discriminatory policies including: disciplining employees who are injured on the job, regardless of the circumstances; disciplining employees who report injuries, illnesses or unsafe conditions; and establishing safety programs that discourage the reporting of injuries.
 
Tips: When OSHA investigators start peeking into your practice of disciplining employees for safety reasons, will they like what they see? The best way to stay out of trouble is to target the unsafe act, not the result of the act. In other words, if someone violates a safety rule, they should be disciplined regardless of whether the act resulted in a recordable injury or workers’ compensation claim. Be consistent when disciplining and applying your safety rules. You should also be sure to have an attorney or safety professional review your safety incentive programs to make sure you aren’t discouraging employees from reporting injuries or illnesses. For more information, call your Vigilant safety professional or see our Legal Guide, “Safety Incentive Programs” (4906).

The federal Occupational Safety and Health Administration (OSHA) restructured its whistleblowing protection program, in a move that is meant to show how important enforcement has become to the agency. OSHA’s Office of the Whistleblower Protection Program will now be reporting directly to OSHA’s Office of the Assistant Secretary, David Michaels, who is the head of OSHA. Michaels stated that the move is meant to “demonstrate the agency’s steadfast commitment to strengthening a program that is critically important to the protection of worker rights.”
 
As further evidence of OSHA’s commitment to whistleblower protection, it recently ordered one company to pay $190,000 to a truck driver who was terminated shortly after voicing concerns about the safety of his truck. The truck driver had filed a whistleblower complaint with OSHA after being terminated and OSHA ultimately determined that he was fired because of the safety complaint, rather than violation of company rules as the company claimed. The company was also ordered to reinstate the driver to his former position. 

Tips: Even if you believe an employee’s safety complaint is frivolous or has no merit, they are still protected from retaliation based on the complaint they’ve made. Be sure you aren’t disciplining or terminating an employee because they have expressed a concern about a safety issue in your workplace. If you ever have a question about whether your actions may constitute retaliation, be sure to call your Vigilant staff representative beforehand.

On February 1, 2012, you need to post your OSHA 300A summary in a conspicuous place in your workplace. Your 300A summary must list the total number of 2011 job-related injuries and illnesses that you logged on the OSHA Form 300 Log. Here’s a quick brush up on your OSHA injury and illness recordkeeping requirements:

• Injuries and illnesses must be recorded on the log within seven days;
• OSHA Form 300 and the log summary must be maintained for five years;
• Supporting documents must also be maintained for five years, including on-the-job injury reports (801) and other workers’ compensation documents;
• Only record injuries and illnesses if they meet the recording criteria;
• Post the OSHA Summary (Form 300A), which should be signed by the highest ranking official at the plant location, from February 1 through April 30 each year;
• Begin your 2012 log, even if you haven’t had any recordable injuries or illnesses, by completing the upper right corner of the form and have it ready for an inspector in case he or she asks to see it.

Questions about OSHA recordkeeping? Talk to your Vigilant safety professional for further assistance.

The federal Occupational Safety and Health Administration (OSHA) may not have immediate plans to include a musculoskeletal disorder (MSD) column on the OSHA 300 Log, but their interpretation letters keep inching closer to employers having to record MSDs anyway. In its most recently released interpretation letter, OSHA indicated that an exercise regimen recommended by a certified athletic trainer to relieve symptoms of a work-related injury or illness would constitute medical treatment for recordkeeping purposes. Exercises such as stretching or light weight training to strengthen muscles would fit within the definition of medical treatment if recommended to manage symptoms of a work-related injury/illness. However, if the exercise is recommended merely as a precautionary measure (i.e. before the onset of symptoms), then it would not constitute medical treatment for purposes of recordability.
 
Tips: This interpretation letter comes just a few short months after OSHA released another interpretation letter dealing with MSDs, whereby OSHA said that even a one-time therapeutic treatment would constitute medical treatment for recordkeeping purposes. OSHA’s message from this guidance is clear: if an employee receives any treatment in response to symptoms caused by a work-related injury or illness, you should consider it medical treatment. If you have questions about whether something should be recorded on your injury/illness log, contact your Vigilant safety professional.  

According to an interpretation letter from the federal Occupational Safety and Health Administration (OSHA), the duration of medical treatment received by an employee is irrelevant when determining whether an injury should be recorded on the employer’s OSHA 300 Log. The letter asked OSHA to weigh in on whether a work-related injury should be recorded when an on-site health care provider recommended that the employee do exercises for only a short period of time. Specifically, the letter questioned whether the exercises should be considered medical treatment beyond first aid under OSHA’s recordkeeping regulations.

OSHA responded with a resounding yes. The duration of the exercises recommended is irrelevant; the real question is whether the medical treatment provided or recommended exceeds first aid. Also, under the recordkeeping regulations, physical therapy, therapeutic and chiropractic treatments are all considered medical treatment beyond first aid. The length of time that these treatments are rendered should not be taken into consideration, so even a one-time treatment would meet the recordability standard.
  
Tips: Failing to accurately keep records about your workplace injuries and illnesses can be costly when a safety inspector discovers the deficiency. Since the question of whether an injury or illness is recordable can often be a difficult one, be sure to consult with your Vigilant safety professional to get it right.

A recent injury at a Washington food processing plant paints a grave picture of the worst-case scenario when lockout/tagout procedures fail. A factory worker was injured when his clothing got caught in a conveyor and pulled him into hazardous machinery. His co-workers scrambled to find a shut off switch to the machine, but couldn’t locate one. Finally they shut off power to the entire system, only to have it reactivated by other workers who were unaware of the emergency. A real nightmare not only for the injured employee, but also those who were attempting to rescue him. The worker was severely injured and the Washington State Department of Labor and Industries (L&I) found serious penalties and fined the company nearly $100,000.

When employees fail to de-energize hazardous equipment, the results can be downright gruesome! To avoid serious injury, many employers have established a “zero tolerance” policy; meaning just one violation of a lockout/tagout procedure can result in termination. Employers are obligated to develop machine-specific energy isolation procedures and train employees on those specific procedures. If you’re committed to providing a safe workplace for your employees, you should take a hard stance by establishing clear procedures, training, and documenting observations. Firmly establish zero tolerance for employees who want to risk their lives by not following lockout/tagout procedures. Need help developing your procedures? Call your Vigilant safety professional for guidance, and see our Legal Guide, “Lockout/Tagout (Hazardous Energy Control)” (3913).

Question: We have a job opening in our manufacturing facility and one of the applicants came to the interview wearing a khimar, a religious garment that covers her hair and forehead, and hangs loosely over her upper body. We have a strict dress code policy that prohibits employees from wearing loose- fitting clothing near the kind of machinery that she would be assigned to. Can we reject her from employment because she wears a khimar?
 
Answer: Not necessarily. Although you can enforce a dress code when there is a legitimate business-related reason for doing so, you shouldn’t assume that this applicant will be wearing the khimar at work. Obviously there’s a safety concern with allowing someone with loose-fitting clothing to work near machinery and you don’t need to allow an exception for an employee’s religious belief or preference. However, you don’t know if those are her intentions at this point and you don’t want to reject her from employment simply because she wore a khimar to the interview. If she’s the applicant that you plan on hiring, you should make her the job offer and then discuss your dress code policy with her. If she intends on wearing the khimar to her job, you should engage in a discussion with her to see if there’s anything else you can do to accommodate her religious belief. If making an exception to your dress code policy is the only accommodation option, then she won’t be able to work in that position and you’re okay to rescind the job offer. For more discussion, see our Legal Guide, “Religious Accommodation in the Workplace” (1147). 

When Niketown in New York City had to close down due to a bed bug infestation, there was a collective shudder across America. It’s hard to believe, but bed bugs are resurging in this country. In case you’ve never heard of the little critters, bed bugs are small parasites that bite humans and feed on their blood, while making their homes in upholstered areas often used by people (e.g. beds, sofas, carpets, or arm chairs).

Bed bugs can find their way into your workplace by hitching a ride with someone. Especially at risk are members of your mobile workforce who frequently travel and stay at hotels. A little education could help them reduce their risk. Useful travel-related advice is available from CBS MoneyWatch.com, the University of Minnesota, the New York Department of Health and Hygiene, and numerous other sources.
 
So what can you do if bed bugs hit your workplace? First, don’t panic. Assess the situation by conducting an inspection of the various areas where bed bugs may be hiding. You may need to call in the experts to help with that assessment, since they’re probably more familiar with what to look for. Second, inform your employees about what’s going on and reassure them. Encourage them to report any bugs they see or bites they experience, and educate them about how to look for bed bugs in their homes or work areas. Third, take steps to eliminate the problem. Again, you should call in the experts to fumigate and give advice about what to do. Bed bugs can be notoriously difficult to get rid of, so rely on the experts instead of trying to handle the problem yourself.
 
There are lots of resources available to help you learn about and prevent bed bug infestations. Try these to get you started: Centers for Disease Control and Prevention, WebMd.com, and the California Department of Public Health.

Ever think your teen employees (or your own teenagers) aren’t listening to you?  Maybe they’re not—literally!  A recent study published in the Journal of the American Medical Association showed that the rate of hearing loss for children between the ages of 12 and 19 jumped from 14.9 percent in 1994 to 19.5 percent in 2006. That’s a 30 percent increase (August 18, 2010).

While the study didn’t look at causes, many blame technology, namely electronic, digital music playing devices (MP3 players). Just last week in Portland, a young man was struck by a train as he came too close to the tracks while wearing his headphones. Some teens also are known to nap or fall asleep with their headphones or “ear buds” in. Whatever the hazard, one thing’s for sure, if it’s too loud for too long, it’s not good for you.

Tips: Many of these teens are already in the workplace, or will be soon (keep in mind the data from the study is already four years old). If you have a noisy work environment, you should already have a hearing conservation program in place. See our Legal Guide, “Hearing Protection Program” (4905).

Regardless of the level of noise at work, consider sharing the following advice with employees who have teens at home. First ask your teen if they ever experience ringing in their ears (a symptom of hearing loss). If you suspect your teen has hearing loss, have their hearing tested by an audiologist. Some electronic devices have an internal setting that restricts the volume of the player—check the manual on instructions for setting the device. You can also restrict the time that your teen listens to music, thus reducing exposure time. Finally, a good rule of thumb is, if you can hear the music from the headphones or ear buds while standing next to your teen, then it’s probably too loud.

The federal Occupational Safety and Health Administration (OSHA) and state safety and health agencies are quickly getting up to speed on OSHA’s new Severe Violator Enforcement Program (SVEP). Multi-location employers need to realize that a citation at one location will be counted against them at other locations. Employers designated as severe violators are added to a national list. The SVEP program gives the government extra enforcement authority, such as initiating inspections at multiple facilities on its own initiative, demanding quarterly reports on injuries and illnesses, and requiring the hiring of safety and health consultants. Information will be shared between federal OSHA and state safety and health agencies, with national enforcement coordinated by OSHA at the highest levels. The program took effect on June 18, 2010. For more information, talk with your Vigilant safety professional, and review OSHA’s enforcement directive (CPL 02-00-149).

Tips: If OSHA or your state safety and health agency issues a citation at your facility, contact your Vigilant safety professional immediately, and pay attention to the deadline for appealing the citation. The notice will warn you if the citation has been designated as a severe violator enforcement case. Each citation is of critical importance, especially since under OSHA’s new approach to calculating penalties, the agency looks back at the employer’s history of citations from the past five years (instead of three).