EHS/HR Best Practices Teleconference 2 nd Quarter Hunter Douglas Inc. June 26, 2014

EHS/HR Best Practices Quarterly Teleconference Agenda Regulatory Updates 1.Therapeutic Exercise Considered Medical Treatment for OSHA recordkeeping purposes. 2.Employers must record injuries resulting from “horseplay” at work. 3.OSHA mandates recordkeeping for team building event. 4.OSHA regulatory agenda delays I2P2 5.Additional Regulatory Actions Other Information Phillips AED Recall Electronic Form for Whistleblower’s

EHS/HR Best Practices Quarterly Teleconference Agenda (Continued) Other Information: Review of Voluntary Protection Program (VPP) New Resources for Chemical Safety Best Practices Are you using a tablet for safety-related functions? Leading Indicators - What tools are you using?

EHS/HR Best Practices Quarterly Teleconference Therapeutic Exercise Considered Medical Treatment for OSHA Recordkeeping Purposes: OSHA has released a letter of interpretation that concludes “therapeutic exercise recommended by a health care professional in response to minor work-related “pain” constitutes medical treatment under OSHA’s recordkeeping rule. The also stated that the duration of the exercises makes no difference in an employer’s recordability determination. OSHA stated this situation would not qualify for the exception from recordability for “minor musculoskeletal discomfort” (where the employer assigns a work restriction for the purpose of preventing a more serious condition from developing). Please remember that this exemption is very narrow in scope and once any type of medical treatment is offered - including therapeutic exercise - the case is recordable.

EHS/HR Best Practices Quarterly Teleconference Employers Must Record Injuries Resulting from “Horseplay” at Work: In a recent letter of interpretation, OSHA confirmed that injuries to employees sustained as a result of “horseplay” at work are recordable on OSHA Logs, so long as they meet other general recording criteria, i.e., require medical treatment beyond first aid. The reason for this letter was due to an incident where two supervisors fooling around in the locker room while changing closed after the shift ended, got into a physical confrontation and one supervisor pulled a knife and struck another in the arm, resulting in several sutures.

EHS/HR Best Practices Quarterly Teleconference OSHA Mandates Recordkeeping for Team Building Event: OSHA has confirmed that injuries to employees sustained at off-site team-building events are recordable on OSHA logs, so long as they also meet other general recording criteria. Example - employee was injured while go-cart racing at an off-site team-building event; even though the employee was not required to participate in the go-cart racing or other team building events, the employee was required to attend the off-site meetings and luncheons - therefore, the employee was at the go-cart facility as a condition of employment and thus was “in the work environment”

EHS/HR Best Practices Quarterly Teleconference OSHA Regulatory Agenda Delays I2P2: There were three big changes to OSHA’s regulatory agenda since November they include shifting the combustible dust rulemaking from a proposed rule to a pre-rule state; removing the goal of issuing a notice of proposed rule for an Injury and Illness Prevention Program rule (I2P2) in September 2014 and adding a proposal for a rule on communication towers. Due to taking on rulemaking for communication towers, they left the date for publication of the I2P2 open and “to be determined.”

EHS/HR Best Practices Quarterly Teleconference Additional Regulatory Actions under consideration by OSHA include: Rule Anticipated Action Occupational Exposure to Combustible Dust - December 2014 Reporting & Recordkeeping Requirements - Final rule June 2014 Walking Working Surfaces (Subparts D and I) - Final rule October 2014 Occupational Exposure to Beryllium - Publish Notice of Proposed rule July 2014 Improve Tracking of Workplace Injuries and Illnesses - Final rule March 2015

EHS/HR Best Practices Quarterly Teleconference Phillips AED Recall The Food and Drug Administration issued an alert regarding certain AED’ made by Phillips Medical Systems. Phillips issued a voluntary recall of some devices in Sept due to an electrical malfunction - the AED incorrectly indicates it was ready for use; the recall was followed by a Safety Notice in Nov warning that the malfunction could case the device not to deliver a shock. The devices were distributed between 2005 and 2012 and have the following names: HeartStart FRX HeartStart HS1 Home HeartStart HS1 Onsite

EHS/HR Best Practices Quarterly Teleconference OSHA Creates Electronic Form for Whistleblower Complaints: Workers can now submit whistleblower complaints electronically. The new form can be filled out online. Once submitted, complaints will be routed to the appropriate regional investigator. Review of Voluntary Protection Program: Over the past several years, less than flattering reports on VPP have been issued. The Government Accountability Office suggested a lack of internal controls may allow unqualified worksites to participate. There have been deaths not recorded in a program monitoring database.

EHS/HR Best Practices Quarterly Teleconference Review of Voluntary Protection Program (continued): The following recommendations were made by the OIG for OSHA’s Voluntary Protection Programs:. Re-evaluate the policy allowing worksites with high injury rates to remain in VPP for up to six years.. Improve data reliability through the use of one database.. Monitor implementation of ongoing changes to ensure sites with fatalities are addressed consistently and in a timely manner.. Establish a system to analyze inspection information for continuous VPP improvement.. Establish a control to a control to address in a timely manner worksites with greater-than-industry average injury rates.. Implement processes and priorities to ensure participants are evaluated in a timely manner for continued VPP eligibility.. Ensure reliable injury and illness data is used to report VPP success

EHS/HR Best Practices Quarterly Teleconference New Resources for Chemical Safety: OSHA has introduced two resources to help employers protect workers against chemical exposures. The first is an online tool kit to help employers and workers identify hazardous chemicals and transition to using safer chemicals. Access it at: The second resource - the Annotated Permissible Exposure Limits (PEL), enables employers to adopt newer, more protective workplace exposure limits on a voluntary basis. The annotated PEL tables provide a side-by-side comparison of OSHA PEL’s to the recommended exposure limits of the Cal OSH Division, NIOSH and the American Conference of Governmental Industrial Hygienists.

EHS/HR Best Practices Quarterly Teleconference Best Practices Questions Are you using a tablet for safety-related functions? Leading Indicators - What tools are you using?

EHS/HR Best Practices Quarterly Teleconference Questions???? Next Teleconference September 25, :00 PM