OSHA Warns Workplaces with High Injury and Illness Rates

April 20, 2009

 

“Employers whose businesses have injury and illness rates this high need to take immediate steps to protect their workers,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “Our goal is to make employers aware of their high injury and illness rates and to get them to eliminate hazards in their workplace. To help them in this regard, OSHA offers free assistance programs to help employers better protect the safety and health of their workers.”

OSHA identified businesses with the nation’s highest rates of workplace injuries and illnesses through employer-reported data from a 2008 survey of 80,000 worksites (this survey collected injury and illness data for calendar year 2007). Workplaces receiving notifications had rates more than twice the national average among all U.S. workplaces for injuries resulting in days away from work, restricted work activity, or job transfer.

Employers receiving the letters were also provided copies of their injury and illness data, along with a list of the most frequently cited OSHA standards for their specific industry. The letter offered assistance in helping to reduce these numbers by suggesting, among other things, the use of free OSHA safety and health consultation services provided through the states, state workers’ compensation agencies, insurance carriers, or outside safety and health consultants.

What are “Other Recordable Cases” for Your OSHA 300 Log?

The OSHA 300 Log is a tool for recording and counting work-related injuries and illnesses that reach the level of severity where the affected worker misses time from work, is unable to perform his or her regular work duties, or requires medical treatment. Not all work-related injuries will rise to this level of severity.

The requirements for recording a work-related injury or illness as an “other recordable case” in the OSHA log requires more judgment and knowledge of the OSHA recordkeeping requirements and more monitoring of the health care treatment provided to the injured worker than does coding any other type of case

In its simplest definition, an “other recordable case” is a work-related injury or illness that does not involve death, one or more days away from work, or one or more days of restricted work or job transfer, and where the employee receives medical treatment beyond first aid. It is important to know that days away from work, days of restricted work, and days of job transfer begin after the day the injury occurred or the illness began.

The definitions of medical treatment and first aid are vital to understanding which injuries and illnesses are “other recordable cases” and which are not recordable cases. If the injured worker does not receive medical treatment (as defined below) but misses a day of work, the case is recorded as a “days-away-from-work” case. If the injured worker does not receive medical treatment and does not lose any time from work, the case is not recordable.

 Visits to a health care professional or a hospital for observation, testing, diagnosis or to evaluate diagnostic decisions are excluded from the definition of medical treatment. Diagnostic procedures are used to determine whether an injury or illness exists, and do not involve the therapeutic treatment of the patient.

Counseling is excluded from the definition of medical treatment, regardless of whether the counselor is a licensed health care professional or an unlicensed person with limited training.

Prescription medications are powerful substances that can only be prescribed by a licensed health care professional. The issuance of a prescription is regarded as medical treatment, regardless of whether any medication was actually taken by the patient.

Cases in which the injured or ill worker is given a prescription from a health care professional need to be coded, whether or not the prescription is filled or taken. The worker’s acceptance or refusal of the treatment does not alter the fact that a health care professional judges that treatment is necessary. This includes cases where a health care professional tells a patient to take prescription pain medication only if pain relief is needed, and no pills were taken.

Prescriptions for medications available over-the-counter are not considered medical treatment if they are used at nonprescription strength. However, if a drug available in both prescription and nonprescription strengths, such as ibuprofen, is used or recommended for use by a licensed health care professional at prescription strength, then the criterion for medical treatment is met and the case must be recorded.

The use of orthopedic devices, such as splints or casts, is considered medical treatment. These devices are typically prescribed by licensed health care professionals for long-term use and are typically used for serious injuries and illnesses. However, orthopedic devices used only during an emergency to stabilize an accident victim during transport to a medical facility are not considered medical treatment.

Because physical therapy and chiropractic manipulation are treatments used for more serious injuries and are provided by licensed personnel with advanced training, they are considered medical treatment beyond first aid. If a chiropractor provides observation, counseling, diagnostic procedures or first aid procedures for a work related injury or illness, the case would not be recordable.

 

  • Using a non-prescription medication at non-prescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes);
  • Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment);
  • Cleaning, flushing, or soaking wounds on the surface of the skin;
  • Using wound coverings such as bandages, Band-Aids™, gauze pads, etc.; or using butterfly bandages or Steri-Strips™ (other wound closing devices such as sutures, staples, etc., are considered medical treatment);
  • Using hot or cold therapy;
  • Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes);
  • Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, back boards, etc.).
  • Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;
  • Using eye patches;
  • Removing foreign bodies from the eye using only irrigation or a cotton swab;
  • Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs, or other simple means;
  • Using finger guards;
  • Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or
  • Drinking fluids for relief of heat stress.

Work-related injuries and illnesses that do not meet the standard for being counted as recordable cases should be removed from the OSHA log to ensure they are not mistakenly included in the incident rate calculations. This does not mean these injuries and illnesses should be ignored; they are often indicative of hazards and conditions that could lead to more severe injuries and illnesses and should be investigated, with hazards mitigated.

 

OSHA Fines Indspec Chemical Corp. $121,500 for Violations Related to October 2008 Chemical Release

OSHA has cited Indspec Chemical Corp. for alleged safety and health violations and has proposed $121,500 in penalties. The company, located in Petrolia, Pennsylvania, manufactures industrial organic chemicals and employs about 260 workers.

OSHA initiated its investigation on October 11, 2008, after being notified of a chemical release at the company’s facility that resulted in the evacuation of residents living within a three-mile radius. As a result, the agency issued citations for 27 serious violations. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

The serious violations address hazards associated with process safety management, hazardous waste operations and emergency response, including the company’s failure to identify all of the causal factors of the incident during the investigation, failure to secure employee input on process safety management operating procedures, failure to provide employees with proper respiratory protection, inadequate process hazard analyses, inaccurate and ambiguous operating procedures, inadequate training, and a deficient emergency response plan.

“OSHA’s process safety management regulations are designed to prevent the kind of chemical release that occurred at Indspec,” says Frank Librich, acting director of OSHA’s Pittsburgh Area Office. “It is vital that the company immediately take the necessary steps to correct these hazards to prevent any future accidents.”

OSHA Fines Two Pennsylvania Kohl’s Stores $79,000 for Workplace Safety and Health Hazards

OSHA has cited Kohl’s department stores in Yardley and Whitehall, Pennsylvania, for workplace safety and health hazards and is proposing $79,000 in penalties. OSHA initiated its inspection of the Yardley store on November 13, 2008, in response to a complaint. As a result of the inspection, the store has been cited for three repeat violations with a proposed penalty of $55,000, two serious violations with a $4,000 proposed penalty, and one other-than-serious violation which carries no penalty.

The alleged repeat violations were due to the company’s failure to adequately train employees on the use of fire extinguishers, failure to maintain exit routes that were free and unobstructed, and improperly storing materials that inhibited employees from freely exiting the facility, including the work space around the electrical equipment. A repeat citation is issued when a substantially similar violation is found at any of an employer’s facilities in federal enforcement states within three years of a previous citation.

OSHA’s inspection of the Whitehall store, initiated on February 11, 2009, resulted in a citation for one repeat violation due to the company’s failure to maintain free and unobstructed exit routes. The citation carries a $20,000 proposed penalty.

“These violations are indicative of the kinds of safety and health concerns, often found at department stores, that can pose serious risk to employees,” says Jean Kulp, director of OSHA’s Allentown Area Office. “It is vital that both stores are aware of these hazards and take the appropriate steps to prevent them in the future.”

OSHA Cites Poultry Processor for Safety and Health Violations and Proposes $73,275 in Fines

OSHA is proposing 22 safety and health violations with fines of $73,275 against Fieldale Farms Poultry LLC. A January, 2009 inspection of the company’s processing plant in Gainesville, Georgia, has resulted in the agency proposing two repeat violations with $27,500 in proposed penalties, 18 serious violations with $45,775 in proposed penalties, as well as several other-than-serious violations with no monetary penalties.

The two repeat violations are for the company’s failure to provide standard guardrails for open-sided platforms, and using flexible cords and cables as a substitute for fixed wiring. Serious violations alleged include the company’s failure to annually train employees on hazards related to bloodborne pathogens and to make the Hepatitis B vaccine available to employees exposed to bloodborne pathogens. Additionally, safety training was not provided to all employees, exit routes were obstructed, workers were exposed to noise and electrical hazards, the company failed to provide personal safety equipment, and did not have machine guards on equipment.

The other-than-serious citations were for the company’s failure to certify that all hazards of the permit required confined space had been eliminated, failure to certify that bloodborne pathogen training had been conducted, and failure to document that employees who declined the Hepatitis B vaccine had signed a declination form. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

OSHA Proposes $61,000 in Fines Against Concept Packaging Inc.

OSHA has cited Concept Packaging Inc. of Newburgh, New York, for 37 alleged violations of safety and health standards at its Dupont Avenue plant. The enamel bottling and packaging company faces $61,000 in proposed fines following OSHA inspections initiated in October 2008 in response to a complaint about unsafe conditions.

“These citations encompass a cross-section of flammable, electrical, machine guarding and exit access hazards as well as inadequate personal protective equipment, hazard communication and powered industrial truck training,” said Edward Jerome, OSHA’s area director in Albany. “These conditions must be addressed promptly and effectively so that workers are not exposed to potentially fatal burns and amputation hazards.”

Some conditions identified by OSHA include blocked exit doors and routes; a blocked and restricted fire suppression system; an inadequate flammable storage room; improper storage of flammables; inadequate electrical equipment; inadequate personal protective equipment; lack of hazard communication training; and various machine guarding hazards.

These conditions resulted in the issuance of 35 serious citations with $59,500 in proposed fines. OSHA also has issued the company two other-than-serious citations, with $1,500 in proposed fines, for inadequate injury and illness recordkeeping.

“One of the best means of preventing serious workplace hazards is to establish an effective safety and health management system through which management and employees work together to actively identify, analyze and eliminate work-related hazards,” said Jerome.

OSHA Proposes $60,000 in Fines for Excavation Hazards

OSHA has proposed $60,000 in fines against G. Lopes Construction Inc. for allegedly failing to provide cave-in protection for employees working in a 6-foot, 3-inch-deep excavation at a worksite. OSHA inspectors driving by the site on October 28, 2008, stopped and opened the inspection after they observed company workers installing a drain line in the excavation. They found the excavation’s sidewalls were insufficiently shored to prevent their collapse and lack of a ladder or other safe means of exit.

“These citations highlight one of the most dangerous hazards in construction work,” said Brenda Gordon, OSHA’s area director for Boston and southeastern Massachusetts. “An unguarded excavation can collapse in seconds, crushing and burying workers beneath soil and debris before they have a chance to react or escape.”

OSHA has issued the company one willful citation, with a proposed $56,000 fine, for the lack of cave-in protection and one serious citation, with a $4,000 proposed fine, for the absence of a ladder. OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. 

New Hampshire DES Recognizes Kendal at Hanover for its Safety and Health Programs

The New Hampshire Department of Environmental Services (DES) has presented Kendal at Hanover, a continuing care retirement community, with a renewal of a Safety and Health Achievement Recognition Program () Award. The award is presented for implementing exceptional workplace safety and health programs and maintaining low employee injury and illness rates.

Kendal at Hanover first received this award in 2004 and has continued to meet the requirements. The commitment to safety and health shown by management and employees at this facility makes Kendal at Hanover eligible for a three-year exemption from routine OSHA compliance inspections. During this time, DES staff will be in contact with the employer to ensure their program continues to be effective and injury/illness rates remain low.

SHARP is a federal OSHA program that exempts employers with outstanding programs and low injury/illness rates from random compliance inspections. New Hampshire businesses can become eligible for the SHARP award by requesting an assessment of their safety and health program and undergoing a workplace inspection conducted by the Occupational Safety and Health Consultation Service of the Planning, Prevention and Assistance Unit at DES.

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