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EHS/HR Best Practices Teleconference 3 rd Quarter Hunter Douglas Inc. September 18, 2014.

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Presentation on theme: "EHS/HR Best Practices Teleconference 3 rd Quarter Hunter Douglas Inc. September 18, 2014."— Presentation transcript:

1 EHS/HR Best Practices Teleconference 3 rd Quarter Hunter Douglas Inc. September 18, 2014

2 EHS/HR Best Practices Quarterly Teleconference Agenda Regulatory Updates 1.Final Rule Issued for OSHA Recordkeeping Requirements 2.OSHA Inches Forward with Electronic Recordkeeping Regulation 3.NLRB Issues Memo on Notifying Parties of Right to File OSHA Complaint 4.Bill introduced on July 16 th to Criminalize Corporate Concealment of Hazards. 5.DOT Issues New Standards for Lithium Battery Transportation. 6.Best Practices Presentation – Window Fashions Division

3 EHS/HR Best Practices Quarterly Teleconference Final Rule Issued for OSHA Recordkeeping Requirements On September 11, OSHA announced the final rule for Occupational Injury & Illness Recording and Reporting Requirements. The regulation will be effective Jan. 1, 2015~under the new rule: The North American Industry Classification (NAICS) along with injury/illness data from BLS from 2007-2009 will be used to categorize an industry as low-hazard to exempt employers from OSHA recordkeeping requirements. The exemption for employers with 10 or fewer employers remains. The rule expands the list of severe injuries that must be reported to OSHA. A fatality (within 30 days of the work-related incident) must still be reported within 8 hours, however, employers will now have a 24 hour window to report all work-related hospitalizations

4 EHS/HR Best Practices Quarterly Teleconference Final Rule Issued for OSHA Recordkeeping Requirements (Continued): that require care and treatment of a single employee, all amputations, and all losses of an eye which occur within 24 hours of the incident. The available methods of reporting have also been expanded. In addition to calling, a web portal is being developed to make a report electronically. During the press conference OSHA stated not all reported incidents will lead to an inspection, but where hospitalization and partial body loss indicate serious hazards are likely present at the workplace and warrants an intervention. Most disturbing – OSHA stated it will make the employer’s report of all fatalities, hospitalizations, amputations, or eye losses publicly available on their website. They believe this incentivizes employers to ensure a safe workplace.

5 EHS/HR Best Practices Quarterly Teleconference OSHA Inches Forward with Electronic Recordkeeping Regulation: In November 2013, OSHA published the notice of proposed rulemaking on improving the tracking of workplace injuries & illnesses. They received many objections due to making the information available publicly as well as discouraging reporting. In an effort to address the concerns on August 14 th, OSHA issued a supplemental notice – the amended language reads: “(1) require that employers inform their employees of their right to report injuries and illnesses; (2) require that any injury and illness reporting requirements established by the employer be reasonable and not unduly burdensome; and (3) prohibit employers from taking adverse [termination, reduction in pay, reassignment to less desirable position] action against employees for reporting injuries and illnesses.”

6 EHS/HR Best Practices Quarterly Teleconference OSHA Inches Forward with Electronic Recordkeeping Regulation (Continued): Under the additions to the proposed rule – OSHA would be able to cite an employer for taking adverse action against an employee for reporting an injury & illness, even if the employee did NOT file a complaint. In reality, what OSHA is proposing is already required by existing standards and the whistleblower provisions. Employers are already prevented from disciplining employees or taking adverse action against employees who report injuries or illnesses. This rule, if passed, would circumvent the current requirement that OSHA bring cases on behalf of employees in U.S. district court rather than issue citations. If you wish to submit written comments, you have until October 14 th.

7 EHS/HR Best Practices Quarterly Teleconference NLRB Issues Memo on Notifying Parties of Right to File OSHA Complaint The NLRB issued Memorandum OM 14-77 on August 8 th, informing all regional directors & resident officers that they should notify parties of their right to file a complaint with OSHA if they believe an employer may have violated a health or safety standard or an anti- retaliation provision of the OSH Act. It notes that Board employees should notify parties of their rights to file an OSHA safety complaint or whistleblower complaint when they believe a possible violation of the Act exists. The memo also notes that the NLRB will coordinate case proceedings with OSHA, when it learns during processing of an unfair labor practice charge that OSHA is handling a parallel investigation.

8 EHS/HR Best Practices Quarterly Teleconference Bill would Criminalize Corporate Concealment of Hazards: Three democratic senators are seeking to criminalize the concealment of corporate actions or products that could pose a threat of death or serious injury to workers and consumers. Introduced July 16 th by Sens. Tom Harken (D-IA), Richard Blumenthal (D-CT) and Bob Casey (D-PA), the “Hide No Harm Act” would punish corporate officers who conceal hazards with up to five years in prison & fines. The Bill would shield corporate officers from criminal liability in circumstances when they inform federal safety agencies about dangerous products. The legislation has been referred to the Senate Judiciary Committee.

9 EHS/HR Best Practices Quarterly Teleconference DOT Issues New Standards For Lithium Battery Transportation: The DOT has issued a final rule intended to strengthen safety for the shipment of lithium cells and batteries. The changes will help ensure lithium cells & batteries are able to withstand normal transportation conditions and are packaged to reduce the possibility of damage leading to an unsafe condition. The final rule will: Adopt separate shipping descriptions for lithium metal (non- rechargeable) batteries & lithium ion (rechargeable) batteries. Revise requirements for the transport of lithium batteries for disposal or recycling. Adopt new provisions for the transport of damaged, defective and recalled lithium batteries.

10 EHS/HR Best Practices Quarterly Teleconference Recommended Practices Publications Recommended practices to protect temporary workers’ safety & health – The new publication highlights the joint responsibility of the staffing agency and host employer to ensure temporary workers are provided a safe work environment. The publication can be viewed at: www.osha.gov/Publications/OSHA3735.pdf* Earthquake Preparedness - One webpage discusses how employers and workers can prepare for an earthquake by developing an emergency response plan. There is also a webpage about response and recovery and general precautions. Visit the webpages at: www.osha.gov/dts/earthquakes\

11 EHS/HR Best Practices Quarterly Teleconference Window Fashions Division EHS and HBU Present Risk Reduction in Action Presenters: Meg Hummel Dennis O’Rourke

12 EHS/HR Best Practices Quarterly Teleconference Questions??

13 EHS/HR Best Practices Quarterly Teleconference Next Teleconference December 18, 2014 3:00 PM


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