The top 10 most disabling injuries—work-related injuries and illnesses that result in an employee losing six or more days from work—cost employers an estimated $48.3 billion in direct workers' comp costs in 2005 (the year with the most recent data available). The top 10 include:
- Overexertion, which includes injuries caused by excessive lifting, pushing, pulling, holding, carrying, or throwing: $12.7 billion (26.3%)
- Fall on the same level: $6.6 billion (13.6%)
- Fall to a lower level: $5 billion (10.4%)
- Bodily reaction, which includes injuries from slipping or tripping without falling: $4.8 billion (10%)
- Struck by an object: $4.4 billion (9%)
- Highway incidents: $2.3 billion (4.8%)
- Repetitive motion: $2.1 billion (4.4%)
- Struck against an object (for example, a worker walking into a door): $2 billion (4.3%)
- Caught in or compressed by equipment or objects: $1.9 billion (3.9%)
- Assaults and/or violent acts: $400 million (0.8%)
From 1998 to 2005, the cost of the top 10 injuries increased by almost 4% (adjusted for inflation), while the incidence of these injuries decreased by 21% during the same period. The cost increases were estimated to be a function of general increases in healthcare costs, which increased between 7% and 8% a year during the same period and an increase in the number of injuries in some categories.
OSHA Issues Information Bulletins on Auger Drilling and Wood Chippers
OSHA published two new Safety and Health Information Bulletins to highlight specific workplace hazards. This bulletin identifies specific work practices for employers and employees to address caught-in and struck-by hazards and prevent accidents.
New Fact Sheet Available on Safety and Health Management Systems
This new fact sheet pinpoints OSHA's resources for helping employers design a safety and health management system (SHMS). It also provides a checklist of action items for each SHMS element.
Labor Department Unveils New elaws® Advisor
Employers stand to benefit from a new elaws? Advisor debuted by the U.S. Department of Labor earlier this month. It has been integrated with the revised and expanded FirstStep Poster and FirstStep Employment Law Overview Advisors. All three Advisors help employers identify the federal employment laws relevant to them and explain how to comply with the requirements.
California Safe Cosmetics Program Releases Chemical List
This information will be reported to the California Department of Public Health. To assist companies with reporting, the California Safe Cosmetics Program in the California Department of Public Health has compiled a list of these chemicals using reports and lists from authoritative bodies.
Emergency Medical Services Week is May 18–24
Among those individuals that work on that "front line" are hospital emergency department employees. These individuals are at particular risk for exposure to blood, other potentially infectious materials (OPIM), and bloodborne pathogens because of the immediate, life-threatening nature of emergency treatment.
- Engineering and work practice controls must be the primary means to eliminate or minimize exposure to bloodborne pathogens.
- Ensure that employees wear appropriate personal protective equipment (gloves, gowns, face masks) when anticipating blood or OPIM exposure. Be educated on where and what type of eyewear should be used.
- Ensure that employees discard contaminated needles and other sharp instruments immediately or as soon as feasible after use into appropriate containers.
- Include documentation in an exposure control plan for consideration and implementation of appropriate commercially available and effective engineering controls designed to eliminate or minimize exposure to blood and OPIM.
This eTool, a "stand-alone," interactive, Web-based training tool, is just one of the many resources on OSHA's website that provides information to employers and employees on how to prevent workplace injuries and illnesses.
OSHA Proposes Guidance on Workplace Stockpiling of Respirators and Facemasks for Pandemic Influenza
The Request for Comments was published in the May 9 Federal Register. OSHA is accepting comments until July 8, 2008.
"This proposed guidance supplements the existing document Guidance on Preparing Workplaces for an Influenza Pandemic released last year," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr. "We want to assist employers in equipping their workplaces with protective devices so that their employees remain safe and healthy in the event of an influenza pandemic."
The Proposed Guidance offers private sector and government employers with recommendations and a method for calculating workplace stockpiling needs for respirators and facemasks. This allows employers to better protect their employees and reduce the impact of a pandemic.
The public may submit comments electronically at www.regulations.gov, the federal e-rulemaking Portal. If submitting by regular mail, hand delivery or courier service, include three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0005, U.S. Department of Labor, Room N-2625, 200 Constitution Ave., NW, Washington, D.C. 20210; telephone 202-693-2350. Comments and attachments not exceeding 10 pages may be faxed to the OSHA Docket Office at 202-693-1648.
For further information, contact Andrew Levinson, acting director for the Office of Biological Hazards at 202-693-1950.
OSHA Proposes $115,000 in Penalties Against Safety Products Manufacturer
OSHA has proposed $115,000 in penalties after conducting an inspection of Energy Absorption Systems' Pell City, Ala., manufacturing facilities. Citations were issued for four repeat, three serious, and one other-than-serious violation of OSHA's standards. The company had been cited for similar violations after a previous inspection in September 2007.
"Unfortunately, we found that this plant continued to risk its employees' safety by failing to address the deficiencies uncovered during our previous inspection," said Roberto Sanchez, OSHA's area director in Birmingham.
OSHA has proposed $100,000 in penalties for the repeat violations, which include failing to utilize lockout/tagout procedures, not having machine guards on all equipment, operating machinery with ineffective guards, and not properly training employees to use guards and lockout/tagout procedures. Lockout/tagout refers to preventing accidental start-up of machinery during maintenance.
The company also has been cited for three serious and one other-than-serious violation resulting in $15,000 in proposed penalties for improperly operating power presses with hand-trip devices, operating robotic machinery without guards, and not having documented procedures for removing a lockout/tagout device.
A repeat violation is defined as a violation that previously was cited where, upon re-inspection, a substantially similar violation is found. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. An other-than-serious violation is a hazardous condition that would probably not cause death or serious physical harm but would have an immediate relationship to the safety and health of employees.
Energy Absorption Systems, a manufacturer of highway crash cushions and other highway safety devices, has 15 business days from receipt of the citations to contest the violations and proposed penalties before the independent Occupational Safety and Health Review Commission. The worksite was inspected by staff from OSHA's Birmingham Area Office.
OSHA Fines Contractor for Cave-in Hazard
OSHA has cited J.A.M. Construction Co. Inc. for alleged willful, repeat, and serious violations of excavation safety standards at a Newport, R.I., worksite. The Middletown, R.I., contractor faces a total of $59,500 in proposed fines.
The citations and penalties resulted from OSHA's April 15 inspection of a water line installation at the Cluny School on Brenton Road. The inspection found J.A.M. Construction employees working in an excavation deeper than 6 feet that lacked adequate protection against cave-ins. OSHA standards require that all excavations 5 feet or deeper be protected against collapse.
"The hazard here was imminent and potentially deadly," said Patrick Griffin, OSHA's area director in Providence. "The walls of an excavation can collapse instantly, burying or crushing employees before they can react or escape. While it is fortunate that no collapse occurred, protecting employees against cave-ins cannot and must never be a matter of luck."
OSHA consequently has issued to J.A.M. Construction one willful citation, carrying a proposed fine of $49,000. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.
The agency also has issued the company one repeat citation, with a $6,000 fine, for storing excavated material less than 2 feet from the edge of the excavation. OSHA cited the company in September 2007 for a similar hazard at a Middletown jobsite.
Additionally, OSHA issued J.A.M. Construction two serious citations, with $4,500 in fines, for inadequate support for an undermined stone wall crossing the top of the excavation, as well as no protective helmets for employees working in the excavation. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
Detailed information on trenching and excavation safety, including an e-Tool, is also available on OSHA's website at www.osha.gov/SLTC/constructiontrenching/index.html. The company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Providence Area Office.
New Key Personnel Appointed in OSHA
Assistant Secretary of Labor for Occupational Safety and Health Edwin G. Foulke Jr., announced the appointment of two new regional administrators, a new communications director, and the new director of OSHA's Directorate of Cooperative and State Programs. Ken Nishiyama-Atha is the new regional administrator for the San Francisco region. He previously served as acting deputy regional administrator in Region III, headquartered in Philadelphia, and as area director in Columbia, S.C., and Mobile, Ala. Jennifer Ashley is the new director of the Office of Communications. Ashley previously served as the director of communications for the International Association of Fire Chiefs and as the associate director of external affairs for the University of North Carolina School of Public Health. Steven F. Witt is the new director of the Directorate of Cooperative and State Programs. Witt previously served as the director of OSHA's Directorate of Construction.
OSHA Cites Dominion Energy New England Following Fatal Steam Explosion
OSHA has cited Dominion Energy New England for alleged serious violations of safety standards following a fatal Nov. 6, 2007, steam explosion at the Salem Harbor Power Station in Salem, Mass. Three employees were killed by steam and hot ash when boiler tubes ruptured in the lower vestibule/dead air space of boiler Unit 3 in the plant's boiler house.
OSHA's investigation found that the company failed to take effective steps to protect employees against the hazards of burns and other bodily injuries from hot ash and steam as a result of ruptured or leaking boiler tubes and piping. Specifically, the boiler's lower vestibule/dead air space area, where the rupture occurred, had not been entered or inspected in more than nine years, and entry had been prevented by the accumulation of ash and debris over that time period.
"The company must initiate and maintain effective safeguards to identify and eliminate such hazards, both to protect its employees and to prevent future leaks, ruptures, or explosions," said Rosemarie Ohar, OSHA's acting area director in Methuen. "Proper inspection and maintenance are critical to detecting potentially dangerous conditions."
Corrective measures would include operating, maintaining, and inspecting boilers in accordance with the latest industry standards, manufacturer guidelines, and guidance; determining an inspection schedule; and cleaning out ash and debris from the lower vestibule/dead air space.
OSHA's inspection also identified several other hazards not directly related to the explosion. These included potential crushing hazards from an improperly installed and equipped overhead hoist system, incorrect storage of compressed gas cylinders, no certified hazard assessment for removing deposits of material from boilers, an unattended powered industrial truck left with its engine running, and several electrical hazards.
Dominion Energy New England was issued 10 serious citations, carrying a total of $46,800 in proposed fines. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.
New Legislation to Protect Children From Lead Exposure
Maryland Governor Martin O’Malley signed three bills to protect Maryland’s children from exposure to lead through toys and in homes.
“Together, these bills will continue Maryland’s leadership to eliminate childhood lead exposure by 2010,” O’Malley said. “By adding protection for owners and tenants, encouraging the purchase and renovation of properties in violation, and enforcing standards for children’s toys, Maryland is taking important steps to increase the amount of lead-free, affordable housing.”
Lead—Containing Children’s Products—Prohibition mandates that any consumable products, marketed to children under age 6 or products that may be foreseeably used by children under age 6, contain lead in no amount greater than 0.06% weight by total weight for lead-containing products. This bill regulates items including accessories and jewelry, clothing, decorative objects, furniture, lunch boxes, eating utensils, and toys. It requires independent, third-party testing and mandates that certification be provided to retailers and/or the Maryland Department of the Environment (MDE) upon request. It subjects manufacturers to civil fines ranging from $1,000 per day for each violation up to a misdemeanor charge and a fine of $10,000 or imprisonment up to one year for willful violation.
The Lead Poisoning Prevention Act of 2008 will protect owners and tenants by ensuring that information about MDE’s lead certification is included in the Maryland Home Improvement Commission (MHIC) licensure process and provides for a $5,000 penalty for each violation. The Act’s changes to the definition of “lead-safe housing” will allow the department to establish a lead-contaminated dust test as part of a more stringent standard for both housing that is and is not related to the relocation of a child with a high blood lead level. Finally, if an owner cannot verify compliance with the lead standards, a tenant will be able to break a lease or rental agreement and have the property owner pay for reasonable relocation expenses. As a result, the risk of lead poisoning will be reduced for lower income tenants with young children who may not otherwise have the means to pay for relocation expenses.
Lead Risk Reduction—Acquisition of Property—Compliance Requirements will allow persons, including local governments and nonprofit organizations, to purchase rental properties with lead-paint violations and bring them into compliance within a prescribed schedule. This bill would encourage the purchase of these properties by responsible property owners, resulting in an increase in the stock of lead-safe housing in the state. Under current law, purchasers of properties with lead-paint violations are in violation of the law from the date of purchase.
Lead is one of the most significant and widespread environmental hazards for children in Maryland. Children are at greatest risk from birth to age six while their neurological systems are developing. Sustained exposure to lead can cause long-lasting neurological damage or death. Effects of sustained exposure include learning disabilities, shortened attention span, irritability, and lowered IQ.
The major source of exposure for children is lead-paint dust from deteriorated lead paint or from home renovation. Most childhood exposure occurs through children's normal hand-to-mouth activity after contact with a source of leaded dust. The most effective prevention of childhood lead poisoning is to reduce or eliminate exposure.
MDE’s Lead Poisoning Prevention Program serves as the coordinating agency of statewide efforts to eliminate childhood lead poisoning. Under the 1994 "Reduction of Lead Risk in Housing Law," MDE assures compliance with mandatory requirements for lead-risk reduction in rental units built before 1950; maintains a statewide listing of registered and inspected units; and, provides blood lead surveillance through a registry of test results of all children tested in Maryland. The Lead Program also oversees case management follow-up by local health departments for children with elevated blood lead levels; certifies and enforces performance standards for inspectors and contractors working in lead hazard reduction; and performs environmental investigations for lead poisoned children. The Lead Program provides oversight for community education to parents, tenants, rental property owners, homeowners, and health care providers to enhance their role in lead-poisoning prevention.
Oregon Announces 2007 Workplace Deaths
Thirty-five people covered by Oregon’s workers’ compensation system died on the job during 2007, according to data compiled by the Department of Consumer and Business Services (DCBS).
The 2007 total marks the third-lowest number of compensable workplace deaths in the state’s history. In 2005, there were 31 deaths, which is the lowest number reported since the state started tracking workplace deaths in 1943. There was an average of 55 workplace deaths per year in Oregon in the 1990s and 81 per year in the 1980s.
“Because of the hard work and cooperation among Oregon’s employers and employees, we have made great progress in recent decades in reducing deaths as well as workplace injuries and illnesses,” said Cory Streisinger, DCBS director. “But, as the numbers show, not every Oregonian gets to come home to their family safely at the end of their shift—which means we all must continue to focus on safety each and every day.”
The largest concentration of deaths occurred in construction (12 deaths), with the agriculture, forestry, and fishing sector seeing the second highest numbers (five deaths). Nearly 29% of the total accidents were the result of falls.
“Construction continues to be very dangerous,” said Michael Wood, Oregon OSHA administrator. “We need to reduce those risks, particularly those that lead to falls, because we know how to prevent them.” Oregon OSHA currently offers educational workshops, consultation services, training videos and website information to help Oregon employers create or improve their safety and health programs.
DCBS compiles fatality statistics from records of death-claim benefits paid by Oregon workers’ compensation insurers during the calendar year. The data reported may exclude workplace fatalities involving self-employed individuals, city of Portland police and fire employees, federal employees, and incidents occurring in Oregon to individuals with out-of-state employers. These workers are either not subject to Oregon workers’ compensation coverage requirements or are covered by other compensation systems.
