1. Chapter 12 Health and Safety

2. Learning Objectives Legal foundation of health and safety programs. Practice safety training methods. Explain accident prevention techniques. Demonstrate how to conduct accident investigations. Define workers’ compensation. Describe the impact of bloodborne diseases on health and safety in the workplace.

3. Legal foundation of health and safety programs The Occupational Safety and Health Act represents the federal government’s attempt to ensure a safe and healthy working environment for employees. The act establishes that workplace health and safety is the responsibility of the management.

4. Administration and Enforcement Administration and enforcement of the act are the responsibility of the U.S. Secretary of Labor and the Occupational Safety and Health Review Commission. The U.S. Secretary of Labor conducts investigations of suspected wrongdoing and prosecutes alleged violators as necessary. The Occupational Health and Safety Review Commission arbitrates cases of wrong doing that are challenged and rules in such cases as necessary.

5. OSHA responsibilities 1. Setting safety and health standards. 2. Revising safety and health standards 3. Inspecting companies. 4. Issuing citations. 5. Assessing penalties. 6. Providing training. 7. Grants to promote health and safety.

6. Employer rights under OSHA Employers are responsible for complying with OSHA regulations (http://www.osha.gov). The CFR (code of Federal Regulations) is divided into 50 parts (titles). Supervisors should be familiar with Title 29. The rights of employers include:http://www.osha.gov 1. Seek off site consultation with the nearest OSHA office. 2. Receive free on site consultation from OSHA to help identify hazardous conditions and take corrective measures. 3. Receive proper identification from OSHA compliance officer before an inspection takes place. 4. Receive advice from OSHA for the reason for the inspection. 5. Receive opening and closing session with the OSHA officer if an inspection takes place. 6. Receive protection of proprietary trade secrets observed by OSHA officer. 7. Receive a conference with the area director when a citation is issued. 8. A request for extension of time to comply with a standard can be filed with OSHA. 9. Assist in development of safety and health standards. 10. Use SBA (Small Business Administration) loans to bring company in compliance.

7. Employee rights under OSHA 1. An employee cannot be punished for complaining to the union or OSHA. 2. Employees can talk with OSHA officers in private. 3. An authorized worker can accompany an OSHA inspector during inspection. 4. Employees can review OSHA citations.

8. OSHA Violations 1. Imminent danger violation: Condition that is so unsafe or unhealthy that injury or death may result if not corrected immediately. 2. Serious violation: May result in death or serious injury, and employer should have known of the condition. 3. Non serious violation: Hazard exists that the employer did not know about. 4. De minimis violation: OSHA standard is violated but no danger of injury, death, or illness.

9. Comprehensive health and safety policy 1. Legislative mandates and policy: Complying with the OSHA Act begins with the development of a written health and safety policy. 2. Economics and Policy: Good health and safety are good business. A safe and healthy work environment is the most economical and most productive environment.

10. Economics of health and safety 1. Direct costs: include medical treatment, direct payments to the injured employee, workers’ compensation costs, and the cost of time lost to the injured employee. 2. Hidden costs: include the cost of temporarily replacing the injured employee, the cost of paperwork related to the accident, the cost of repairing damaged equipment, and the cost of reworking damaged products.

11. Assigning responsibility for health and safety Supervisors should be assigned responsibility for the health and safety of the work environment in their units. They have to have the authority to make decisions about safety, disciplining employees, and correcting unsafe conditions in their units. Management must back decisions made by supervisors regarding decisions made about safety.

12. Safety policy There needs to be written safety and health policy. Safety training gives employees the knowledge to be safe workers. Train new employees so that they are safe from the beginning of their job. Provide training that is appropriate to the type of job performed.

13. Safety training OSHA’s guidelines: 1. Determine if training is needed. 2. Assess training needs. 3. Set training goals and objectives. 4. Develop learning materials. 5. Conduct the training. 6. Evaluate the training. 7. Use evaluation data to improve training.

14. Employee training 1. Orientation to the organization’s safety policy and principles. 2. General housekeeping procedures. 3. Emergency procedures Proper use of applicable material Orientation to hazardous materials and proper handling of materials present in the organization Accident reporting procedure Accident follow up procedure

15. Accident Prevention Techniques 1. Involve all employees in an ongoing hazard identification program: Employees should identify hazards and make recommendations for eliminating them. 2. Involve all employees in developing safe job procedures: Supervisors and employees should find safe ways to perform the job. 3. Teach employees how to properly use personal protective equipment (PPE) and monitor to make sure they do: Supervisors must train as well as monitor PPE use. 4. Teach employees good housekeeping practices and require their use: Supervisors should teach good housekeeping and monitor to ensure it is practiced. 5. Teach employees the fundamentals of safe work practices (safe lifting, proper dress, safety glasses, etc.): Some of the most frequent accidents result from improper bending and lifting.

16. Accident investigation and reporting An accident report is a comprehensive summary of all the pertinent facts about an accident. 1. Be brief and stick to the facts. 2. Be objective and impartial. 3. Be comprehensive – leave out no facts. 4. State clearly what employees and what equipment were involved. 5. List any procedures, precautions, or processes that were not being observed at the time of the accident. 6. List causal factors and any contributing factors. 7. Make brief, clear, concise recommendations for corrective measures.

17. Worker’s Compensation The purpose of workers’ compensation is to give injured workers recourse without the need for lengthy, expensive court action. 1. Income replacement: Money paid to injured worker to replace income lost due to injury or disease. 2. Rehabilitation of the Worker: Covers the cost of both medical and vocational rehabilitation. 3. Accident prevention: Workers’ compensation rates are based on accident rates – incentive to provide a safe workplace. 4. Cost distribution: Cost based on safety performance – better industry performance, lower workers’ compensation.

18. Worker compensation benefits 3 options for workers’ compensation insurance: 1. Private insurance company. 2. Self insurance. 3. State insurance funds. Benefits include: 1. Payment for medical treatment. 2. Income for injured worker during period of disability. 3. Funeral and burial costs in event of death. 4. Income for dependents as appropriate. 5. Income to cover in home medical care (in some states). 6. Payment for the cost of prosthesis (in some states).

19. Employers liability beyond workers compensation Employer liability refers to the employer’s legal obligation to the employee to provide a safe working environment. 1. Criminal liability: If employers fail to train employees to handle on the job hazards, fail to provide PPE, or fail to respond to employee complaints about hazardous conditions. 2. Aggravation of injuries: Injury aggravated by personnel attempting to help injured employee. 3. Product liability: Product employer produces causes injury to employee that uses it. 4. Intentional assault: Supervisor injures employee. 5. Losses to immediate family: Loss of companionship or peace of mind.

20. Bloodborne pathogens and employee health and safety The Rehabilitation Act was enacted to protect handicapped people, including handicapped workers. A handicapped person is otherwise qualified when he or she can perform what the courts have described as the essential functions of the job. In determining if a handicapped worker can perform the essential functions of a job, employers are required to make reasonable accommodations to help the employee.

21. Terms Summary Accident report Aggravation of injuries Cost distribution Essential functions Income replacement OSHA Otherwise qualified Reasonable accommodation Rehabilitation Safety training Worker compensation

22. Home Work Answer questions 1, 4, 6, 7, 8, 9, 10, 13, 14, 15, and 17 on page 185. 1. Explain briefly what prompted the U.S. government to pass the occupational safety and health act. 4. The Code of Federal Regulations is updated annually and contains a list of employer rights under the Occupational Safety and Health Act. List 4 of these rights. 6. Explain the following types of OSHA violations: imminent danger violation, serious violation, non serious violation, and de minimis violation. 7. Explain the 2 reasons for having a comprehensive health and safety policy from the perspective of an industrial supervisor. 8. Differentiate between direct costs and hidden costs. 9. What is the supervisor’s responsibility with regard to health and safety in the workplace? 10. Why is it important to have health and safety policy that is relates to health and safety principles? 13. List and explain 3 accident prevention techniques that can be used by modern industrial supervisors. 14. List 4 rules to apply when writing accident reports. 15. Explain the specific objectives of workers’ compensation legislation. 17. Explain 3 potential areas of employer liability beyond workers’ compensation.