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THE SAFETY NET L O C A T I O N C O NCSO U LNTSI NUGL T

MAY 2022

D• ESIGN D & EESNIGGI NNE E R I N•G

E SGI GI N N -EBEURI L D ED N

IT’S ALWAYS SAFETY FIRST. R UNCSTTI R OU NC & TC O N T R A C T I N G • C O N SCTO

VOLUME 16 ISSUE 05

Pedestrian Safety NHTSA

SAFETY FIRST. How walkable is your community? At some point in the day, everyone is a pedestrian. Unfortunately, pedestrian injuries and fatalities remain high. In 2019, 6,205 pedestrians were killed and an estimated 76,000 pedestrians were injured nationwide. NHTSA raises awareness of the dangers to pedestrians and provides tips to keep pedestrians safe.

Austin employees have worked 4,815,452 hours without a Lost Time Accident through 4/2022.

EVERYONE IS A PEDESTRIAN

your abilities and your judgment.

A pedestrian was killed every 85 minutes in traffic crashes in 2019. Everyone has different preferences when it comes to

Avoid alcohol and drugs when walking; they impair

Embrace walking as a healthy form of transportation get up, get out and get moving.

is a pedestrian.

KEEPING YOUR KIDS SAFE WHILE THEY WALK

When drivers maintain safe speeds and practice other safe

• Prevent Pedestrian Crashes: Parents and Caregivers of

transportation, but at one time or another everyone

driving behaviors, safer walking environments are created for you, your loved ones and others in your community.

KNOW THE BASICS—PEDESTRIAN SAFETY 8 SAFETY TIPS FOR DRIVERS

Elementary School Children Elementary school children are very active and impulsive. Although they’re learning and growing, school-age children 10 and younger still need guidance and supervision when playing and walking near traffic.

Look out for pedestrians everywhere, at all times.

Use extra caution when driving in hard-to-see conditions, such as nighttime or bad weather.

to and from School Strengthen your traffic safety

Slow down and be prepared to stop when turning or otherwise entering a crosswalk.

pedestrian safety habits.

Yield to pedestrians in crosswalks and stop well back from the crosswalk to give other vehicles an opportunity to see the crossing pedestrians so they can stop too.

• Five Tips to Keep Your Children Safe on Their Way knowledge: Teach and reinforce your children’s • A Kid’s Guide to Safe Walking This colorful pamphlet will help you teach young children safety tips for crossing the street and things to remember when walking. • Tips for Preteens & Teens: Prevent Pedestrian Crashes

Never pass vehicles stopped at a crosswalk. There may be people crossing where you can’t see.

Remind your preteens and teens that walking around

Never drive under the influence of alcohol and/or drugs.

bike or driving a car: Stop, look left-right-left, be safe

Follow the speed limit, especially around people on the street, in school zones and in neighborhoods where children are present.

WALKING SAFELY AND STAYING FIT AS YOU AGE

Be extra cautious when backing up and look

• Stepping Out as an Older Adult — Be Healthy, Walk

for pedestrians.

8 WALKING SAFETY TIPS 1.

Follow the rules of the road and obey signs and signals.

Walk on sidewalks whenever they are available.

If there is no sidewalk, walk facing traffic and as far from traffic as possible.

Cross streets at crosswalks or intersections. Look for cars in all directions, including those turning left or right.

If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.

Watch for cars entering or exiting driveways, or backing up in parking lots.

traffic requires the same critical thinking skills as riding a and be seen.

Safely Share this resource with your aging parents to help them maintain their safety while walking for exercise or running errands.

SAFETY ADVOCATES If you’re an advocate of pedestrian safety, or perhaps you work on a State or local pedestrian program, our curriculum and resources will equip you with the tools and information you need to effectively promote pedestrian safety. • Pedestrian Resource Guide Developed for National Pedestrian Safety Month, this guide discusses how a safe transportation system prioritizes people. • Accessible Pathways & Livable Communities Pocket Guide Pocket guide containing pathway accessibility and livability concepts for communities to consider (from Easter Seals).

• Checklist for Assessing the Accessibility of

• Pedestrian Safety Workshop: A Focus on Older Adults

Transportation and Mobility Introduction and

and Instructor Guide Presentation and guide for

instructions on using a checklist to assess the accessibility

teaching older adults what they can do to increase their

of a transit route, including the path of travel (from

safety as pedestrians during this three-hour workshop.

Easter Seals). • Child Pedestrian Safety Curriculum Lesson plans,

• Tips for Preteens & Teens: Prevent Pedestrian Crashes Walking around traffic requires the same critical thinking

assessment guides and student response forms to

skills as riding your bike and driving a car. Apply the

teach and encourage pedestrian safety to children in

same walking skills you learned as a kid: stop, look left-

kindergarten through 5th grade.

right-left for traffic and be safe, be seen. Use these skills

• ESL Teacher’s Guide and Student Workbook: Walk and Bike Safely ESL guide and workbook to teach and encourage pedestrian and bike safety to adult immigrant students who are beginning English language learners. • Neighborhood Wayfinding Assessment Pocket Guide Guide and checklist to help you find your way in your community (from Easter Seals).

when you walk, and encourage others to do the same. • Traffic Safety Facts – Pedestrians Yearly statistics on pedestrian traffic fatalities. • Traffic Safety Facts – Children Yearly statistics on traffic fatalities involving children. • Walkability Checklist Criteria to help you decide whether a neighborhood is a friendly place to walk.

• Pedestrian Safer Journey – Skills for Safe Walking for Ages 5 to 18 Interactive training package for children in elementary through high school to develop skills for safe walking.

Handle With Care 3.28.2022 | EHS Today by Dave Blanchard Employees are more likely to take workplace safety

is only somewhat important to their company, while 9%

seriously if they feel valued as individuals.

think their safety is either not very important or not at all

It’s certainly no surprise to learn—as one recent survey

important to their employers.

reveals—that workplace safety is very important to people,

And that, of course, can lead to very dangerous situations

nor is it shocking that after two years of a pandemic, nearly

when employees are expected to follow safety protocols.

eight in 10 employees say they’re more concerned about

If an employee feels their company doesn’t care about

their safety than ever before. Even so, I did a double take

their safety, why would they ever listen to you? “Everyone

when the survey said safety on the job is more important

who really cares about you wants you to flourish,” observes

to people than anywhere else, including while receiving

motivational speaker Matthew Kelly. It’s not enough for

medical attention, while socializing or while on vacation. In

workers to go home every night with all body parts intact—

fact, safety while at work ranks even higher in importance

they want to feel inspired by the job and appreciated by

than while living your life.

their managers. That’s an admittedly pretty high bar to

Those are some of the takeaways from AlertMedia’s “The

reach, and as safety leaders know all too well, even on a

State of Employee Safety in 2022,” a report based on a survey of more than 2,000 U.S. workers. Besides stating the obvious—that workers want to feel safe when they’re at

good day, workers don’t always do what they’re supposed to do. But if workers feel that their safety and their worth as individuals aren’t important to their companies, it makes a

work—the report points to a disturbing trend: barely half

safety leader’s job even more difficult than it already is.

(54%) of workers surveyed believe their safety is extremely

Besides believing their bosses are apathetic toward them,

important to their employer. Another 38% feel their safety

there are other reasons why employees might resist or

outright refuse to do what you ask them to do. Sharon

than openly challenging their opinions, safety leaders

Lipinski, CEO of Habit Mastery Consulting and a speaker

should make it clear they’re open to learning from all

at last year’s ASSP Safety 21 show in Austin, Texas, outlines

sources of information, but that ultimately, as the safety

some of those other reasons:

manager, their policies must be followed.

• Your employees are uninformed, especially when

• The “it’ll never happen to me” types who believe in the

it comes to new safety procedures or policies your

myth of their own invulnerability and wrongly conclude

company is introducing. “This is a temporary situation,”

that just because they’re never gotten hurt before, they

Lipinski points out, “so you need to make sure that

never will.

they’re getting the most accurate information directly from you—not from co-workers and definitely not from social media.” • Confusion, which could also reflect a lack of confidence. If an employee doesn’t understand the directions, chances are good they’re not going to respond properly. • Obstacles. It could be a language barrier, or poorly

• And there are the rebellious types who have an attitude of “don’t tell me what to do.” How do you effectively manage a workforce with so many different personality types and viewpoints? According to Lipinski, the key is good communication, which has to be honest, transparent, accountable, consistent and frequent. Safety leaders who focus on the values their employees find most important, and who involve employees in problem-

fitting PPE, or inclement weather or many other things

solving, will ultimately develop the kind of safety culture

that could impede an employee’s ability to properly

where the company not only respects and protects its

follow safety procedures.

employees, but where the employees equally respect

• Know-it-all types. Throughout the pandemic, we’ve heard from many instant experts who “know better than you” what caused COVID-19 and how to best protect

their managers and do all they can to protect themselves and their co-workers, and where the entire workforce— managers and employees alike—can flourish.

the workplace from it. Lipinski recommends that rather

Harness The Power of Data and Analytics to Reduce Workplace Injuries and Fatalities 3.9.2022 | EHS Today by Rick Dorsett Data can provide a clear understanding of where to allocate resources in order to equip workers with the right tools and training to stay safe. Serious injuries and fatalities (SIFs) in the workplace reached 5,333 in 2019, the highest total since 2007. But while the number of SIFs decreased in 2020, these incidents have declined at a much slower rate than other less serious injuries. In 2020, nearly half (42%) of workplace SIFs occurred in the construction industry — one of the most dangerous labor sectors — but workers across all industries are at risk. From waste management to transportation, there is a dire need for SIF and potential SIF (pSIF) prevention. In addition to jeopardizing worker safety, these events create reputational, financial and legal consequences for the organization. Ultimately, safety training plays a vital role in lowering the rate of SIFs, but it’s only one component of the safety and risk management process. You need to identify the root causes of these incidents to improve processes and trainings; the most effective way to do that is with data and analytics.

THE CAUSES AND CONSEQUENCES OF SIFS Although the total number of SIF cases fell in 2020, the rate of occurrence actually increased — from 2019 to 2020, days away from work decreased by 61% while the total number of SIFs only decreased by 10%. However, the leading cause of these incidents has remained consistent since 2018: contact with objects or equipment. The second and third most common causes of SIF incidents are falls, slips and trips; and overexertion and bodily reactions. These incidents most frequently result in sprains, strains and tears; fractures and dislocations; and cuts, lacerations, wounds and bruises.

But the impact of SIF incidents is felt throughout the entire organization. Workplace injuries can cost up to thousands of dollars in damages — and up to millions of dollars for fatal injuries. SIFs also commonly result in lawsuits and negative press, damaging the organization’s reputation. One thing that complicates the challenge of reducing SIFs is the disconnect between full-time and contracted employees. Full-time employees typically complete the onboarding process when they begin work at a company and undergo continuous training and recertification. Contract workers are more likely to be rushed into a job they aren’t prepared for. And, in many instances, they don’t receive sufficient health care, which makes their injuries an even greater risk. Fortunately, there is a way to create a safer workplace for both full-time and contract workers, and it starts with looking at data on past incidents in your organization.

HOW TO REDUCE SIFS AND PSIFS WITH DATA AND ANALYTICS Historically, risk and safety managers gathered data from incident management systems and observational audits to analyze safety event and performance data. But now that most work is done by contract workers in fields like construction and agriculture, risk and safety managers must track incidents across multiple employers and locations. Instead of relying on this difficult and tedious method of evaluating performance and safety data, many companies are turning to data and analytics to determine the underlying causes of SIFs. Using a purpose-built contractor management platform with analytics capabilities, you can more easily submit, access and analyze data, such as performance and incident trends. How does this work, exactly? Workers can report and categorize on-site incidents in real time, storing the organization’s entire safety and performance data in a single repository. The more specific and high quality the data, the better you can analyze it to understand the potential for SIFs. After submitting an incident report, the analytics dashboard evaluates the nature of the event. Over time, the platform helps recognize trends and pinpoint specific activities and processes that expose workers to risk. This equips you with the necessary knowledge to apply corrective actions to workplace processes and better mitigate future SIFs. For example, in 2020 we discovered that certain indicators had a high correlation with higher or lower SIF rates in the construction industry. SIF rates were 69% higher for contractors who operate commercial motor vehicles, but they were 22% lower if someone submitted a program for NFPA-70E (electrical safety). This data highlights not only the need for better training for commercial motor vehicle operation, but also the importance of submitting safety documentation. In addition to protecting workers and avoiding the consequences of SIFs, data and analytics enable you to: Focus efforts. The ability to pinpoint exactly what specific activities or processes are contributing to higher SIF rates allows you to focus your efforts on improving them. For example, if you determine that working at heights of 6 feet or higher correlates to a higher SIF rate, you can prioritize safety training and processes around working at elevated heights. Create a culture of safety. With a clear understanding of where to allocate resources for safety improvements, you can equip workers with the right tools and training to stay safe. Initial training before a job is critical, but on-the-job training and continuous knowledge assessments help ensure a more thorough comprehension of protocols. Creating a culture of safety is a win-win for employees and employers. Become a preferred employer. Marketing yourself as an empathetic, safety-first employer is crucial, especially in today’s tight labor market. By allowing potential employees to evaluate the organization’s safety data — if the numbers look good — a contracted worker will more likely want to work for you. The need for SIF and pSIF prevention is on the rise, as the incidence rate doesn’t appear to be slowing down anytime soon. Workplace safety should always be a priority, but consider harnessing the power of data and analytics to uncover the root causes of these serious incidents. This knowledge enables you to improve processes and enhance training procedures that will benefit both you and your workers.

Workforce Drug Test Positivity Climbs To Highest Level in Two Decades 3.31.2022 | EHS Today The study showed increased drug positivity rates in the

stayed even year over year (2.2% in 2020 and 2021) and

safety-sensitive workforce, including those performing

was 4.8% higher than 2017 (2.1% in 2017 versus 2.2% in 2021).

public safety and national security jobs.

In the general U.S. workforce, positivity increased 1.8% (5.5%

The news isn’t good. The rate of positive drug test results

in 2020 versus 5.6% in 2021) and was 12% higher than in 2017

among the U.S. workforce reached its highest rate last

(5.0% in 2017 versus 5.6% in 2021) and up each of the last

year since 2001. This number increased more than 30% in

five years.

the combined U.S. workforce from an all-time low in 2010-

“Our Drug Testing Index reveals several notable trends,

2012, according to a new analysis released on March 30 by

such as increased drug positivity rates in the safety-sensitive

Quest Diagnostics.

workforce, including those performing public safety and

The study is based on more than 11 million identified urine,

national security jobs, as well as higher rates of positivity

hair and oral fluid drug test results collected between January and December 2021. The overall positivity rate was

in individuals tested after on-the-job accidents,” said Barry Sample, Ph.D., Senior Science Consultant for Quest

up in 2021 to 4.6% compared to 4.4% in 2020 and up 31.4%

Diagnostics, in a statement.

from the all-time low of 3.5% just 10 years ago (2010-2012).

Despite years of decline, positivity rates increased in

The combined U.S. workforce includes the general U.S.

several federally mandated, safety-sensitive workforce

workforce of mostly company-policy testing by private

testing categories.

employers as well as the federally mandated, safety-

After five years of steady declines in several drug

sensitive workforce, which includes federal employees and

categories, positivity rates based on urine drug tests for the

the transportation and nuclear power industries, and can

federally mandated, safety-sensitive workforce increased

include workers such as pilots, truck drivers, train conductors

in 2021. Of note, marijuana increased 8.9% (0.79% in 2020

and others required to drug test under federal legislation.

to 0.86% in 2021), amphetamines increased 7.8% (0.64% in

Overall positivity in the federally mandated, safety-sensitive

2020 to 0.69% in 2021) and cocaine increased 5.0% (0.20%

workforce based on nearly 2.7 million urine drug tests

in 2020 to 0.21% in 2021).

“It is important for workers to know that certain employers

9.5% since 2017 (2.1% in 2017 versus 2.3% in 2021), while

are required to test for marijuana under federal law and

post-accident positivity increased 41.9% (3.1% in 2017

if they use marijuana, they can still lose their jobs,” said Dr.

versus 4.4% in 2021). In 2021, the post-accident positivity as

Sample. “People who use drugs during working hours or

compared to pre-employment positivity was 79.6% higher

before work can still be impaired and dangerous to co-

(9.7% versus 5.4%) in the general U.S. workforce and 91.3%

workers, the general public and themselves.”

higher (4.4% versus 2.3%) in the federally mandated, safety-

Positivity for marijuana continues upward climb in general

sensitive workforce.

U.S. workforce.

“Drug use affecting the work environment is a complex

Positivity rates for marijuana in the general U.S. workforce,

problem that is not going away,” said Jenny Burke, Vice

based on more than 6 million urine tests, continued an upward climb, increasing 8.3% (3.6% in 2020 versus 3.9% in 2021), the highest positivity rate ever reported in the DTI. Over five years, positivity for marijuana in the general U.S. workforce increased 50% (2.6% in 2017 versus 3.9% in 2021). In oral fluid testing, overall workforce drug positivity decreased but increased for marijuana, methamphetamine and cocaine. In 2021, positivity in the general U.S. workforce based on oral fluid was 7.3% in 2021, a decline of 46.3% compared to 2020 (13.6%) and 29.8% compared to 2017 (10.4%). The drop in oral fluid-positivity (13.6% in 2020 versus 7.3% in 2021) was driven by a decline in the number of pre-employment tests that included marijuana. However, for those tests that included marijuana, the oral-fluid drug positivity rate for marijuana was 14.8% in 2021, an increase of 20.3 percent compared to 2020 (12.3%) and up 68.2% over five years (8.8% in 2017). At the same time, the positivity rate for cocaine increased 46.6% (0.58% in 2020 versus 0.85% in 2021), its highest spike since 2006, and methamphetamine increased 26.4% (0.53% in 2020 versus 0.67% in 2021), exhibiting year-over-year increases for the last 5 years. Oral fluid tests generally have a shorter window of drug detection than urine, and can detect some drugs faster, in a matter of minutes versus hours. Oral fluid collection also has the advantage of being observed, making it harder to subvert the testing process. Urine positivity rates for post-accident testing increased at a greater rate than pre-employment testing over five years, driven by higher positivity on post-accident tests for

President of Impairment Practice, National Safety Council, in a statement. “When workers use impairing substances, it can create incidents that compromise the safety of other workers and, in some cases, the general public. Employers should have the right and ability to maintain a substancefree workplace and the use of drug testing, including oral fluid in addition to urine. NSC supports policies and procedures that ensure safe and healthy workplaces.” In 2021, urine post-accident testing in the U.S. general workforce for the drugs marijuana and cocaine the positivity rate was 63.4% and 266.7% higher, respectively, as compared to pre-employment tests. For the two groups of semi-synthetic opiate drugs – opiates (hydrocodone/ hydromorphone) and oxycodones (oxycodone/ oxymorphone) – in these tests, post-accident positivity was 316.7% and 200% higher, respectively, than in preemployment testing. For federally mandated, safety-sensitive workforce urine drug testing in 2021, post-accident positivity for marijuana, cocaine, opiates (hydrocodone/hydromorphone) and oxycodones (oxycodone/oxymorphone) was 63.6%, 119%, 257.1%, and 194.1% higher, respectively, as compared to pre-employment tests. Pre-employment drug tests are meant to be a deterrent in hiring workers whose drug-use behavior may cause unsafe work conditions or poor work performance. Post-accident testing is conducted to evaluate whether drug use may have played a role in the workplace incident prompting the drug test. The picture is mixed for cocaine positivity in the general

marijuana, cocaine, and semi-synthetic opiates.

U.S. workforce.

Over the last five years in general U.S. workforce urine drug

Positivity for cocaine based on urine tests in the general U.S.

testing, pre-employment positivity increased 17.4% (4.6% in 2017 versus 5.4% in 2021); while post-accident positivity increased 26% (7.7% in 2017 versus 9.7% in 2021). Similarly, in federally mandated, safety-sensitive workforce urine drug testing, pre-employment positivity increased

workforce decreased 4.5% (0.22% in 2020 versus 0.21% in 2021) and positivity for cocaine over the past five years declined 30% (0.30% in 2017 versus 0.21% in 2021). Positivity rates for cocaine based on urine tests in the federally mandated safety, safety-sensitive workforce increased 5.0% (0.20% in 2020 versus 0.21% in 2021), the first increase in five years. ...continued on next page 9

Positivity for opiates and oxycodones in the general U.S.

year rise in methamphetamine positivity from 2017 to 2021

workforce decreased last year and over five years.

of 55.6% (0.09% in 2017 to 0.14% in 2021).

Positivity for opiates (codeine/morphine) based on urine

Marijuana positivity increased in all industries and by

drug tests in the general U.S. workforce decreased by

double-digits in 15 from 2017 to 2021. The Accommodation

19% (0.21% in 2020 versus 0.17% in 2021) and 56.4% over

and Food Service industry had the highest workforce

five years (0.39% in 2017 versus 0.17% in 2021). Positivity for

positivity for marijuana at 7.5%, a relative increase of 114.3%

opiates (hydrocodone/hydromorphone) in the general

over five years (3.5% in 2017 versus 7.5% in 2021).

U.S. workforce decreased 3% (0.33% in 2020 versus 0.32%

In the Health Care and Social Assistance industry, results

in 2021) and 37.3% over five years (0.51% in 2017 versus 0.32% in 2021). Positivity for oxycodones (oxycodone/ oxymorphone) in the general U.S. workforce stayed the same in 2020 and 2021 (0.29%) and decreased 52.5% over five years (0.61% in 2017 versus 0.29% in 2021). To see a U.S. map depicting positivity rates for different classes of opiates and oxycodone, visit DTIDrugMap.com. Positivity for 6-AM (heroin) in the general U.S. workforce decreased over five years.

saw positivity for methamphetamine decrease year over year. Across the last five years, it decreased by 50% (0.18% in 2017 to 0.09% in 2021). “Employers are wrestling with significant recruitment and retention challenges as well as with maintaining safe and engaging work environments that foster positive mental and physical wellbeing,” said Keith Ward, General Manager, Quest Diagnostics Employer Solutions, in a statement. “Our Drug Testing Index data raises important

Positivity for 6-AM metabolite (heroin) based on urine tests

questions about what it means to be an employer

in the general U.S. workforce decreased 27.8% (0.018%

committed to employee health and safety. Eager to attract

in 2020 versus 0.013% in 2021) and 56.7% over five years

talent, employers may be tempted to lower their standards.

(0.03% in 2017 versus 0.013% in 2021). Positivity for the 6-AM

In the process, they raise the specter of more drug-

metabolite (heroin) in the federally mandated, safety-

related impairment and worksite accidents that put other

sensitive workforce decreased 37.5% (0.008% in 2020 versus

employees and the general public in harms’ way.”

0.005% in 2021) and 73.7% over five years (0.019% in 2017

Note: For an interactive map of the Drug Testing Index with

versus 0.005% in 2021).

positivity rates and trend lines by drug categories

Retail had highest positivity among key industries.

and three-digit ZIP code in the United States, visit

The overall positivity rate increased in 16 out of 17 industries

DTIDrugMap.com.

from 2017 to 2021. The retail Trade industry had the highest overall positivity rate in 2021, at 7%, an increase of 34.6% since 2017. This sector also experienced the only year-over-

Regulatory Update: New OSHA Emphasis Program For Heat Hazards 4.13.2022 | EHS Today OSHA will proactively initiate inspections in over 70 high-

“Our goal is to make it safe for workers in hot indoor and

risk industries in indoor and outdoor work settings when the

outdoor environments so that they can return home

National Weather Service has issued a heat warning or

safe and healthy at the end of each day,” said Assistant

advisory for a local area.

Secretary for Occupational Safety and Health Doug

On April 11, OSHA announced it has launched a National

Parker, said in a statement. “Working together, we can

Emphasis Program to protect millions of workers from heat illness and injuries. As part of the program, OSHA will proactively initiate inspections in over 70 high-risk industries in indoor and outdoor work settings when the National Weather Service

ensure workers know their rights and employers meet their obligations in order to protect workers from the growing dangers of extreme heat.” In the announcement, Secretary of Labor Marty Walsh noted that the three-year average of workplace deaths

has issued a heat warning or advisory for a local area. On

caused by heat has doubled since the early 1990s.

days when the heat index is 80 F or higher, OSHA inspectors

The agency’s On-Site Consultation Program, free and

and compliance assistance specialists will engage in

confidential health and safety consulting program for

proactive outreach and technical assistance to help

small- and medium-sized businesses, will assist employers

stakeholders keep workers safe on the job.

in developing strategic approaches for addressing heat-

Inspectors will look for and address heat hazards during

related illnesses and injuries in workplaces.

inspections, regardless of whether the industry is targeted in the NEP.

Regulatory Update: Justice Department Aids OSHA Enforcement 3.25.2022 | EHS Today by David Sparkman The Department of Justice (DOJ) said it will be increasingly pursuing cases in regard to worker safety and safe working conditions through formal collaboration with the Department of Labor (DOL), which includes the Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA). DOJ is “deepening our partnership with DOL to sharpen the tools at our disposal to protect American workers,” declared Attorney General Merrick Garland on March 7 at the White House Roundtable on the State of Labor Market Competition in the U.S. Economy. This was where Biden administration officials detailed ambitious plans to promote unionization developed by an interagency task force. Benjamin H. Patton, an attorney with the law firm of Reed Smith, points out that in January, Todd Kim, a former Reed Smith partner and newly confirmed Assistant Attorney General for the Environment and Natural Resources Division (ENRD) of DOJ, signaled an increased focus on prosecuting companies and individuals for environmental crimes that impact worker safety. Patton points out that this effectively resurrected the Worker Endangerment Initiative (WEI) implemented by the Obama administration in 2015. The WEI began as a joint effort to increase the frequency and effectiveness of criminal prosecutions of worker endangerment violations, culminating in a decision to consolidate the authorities to pursue worker safety statutes within the ENRD’s Environmental Crimes Section, operating through direct collaboration with OSHA and MSHA, as well as the Labor Department’s Wage and Hour Division (WHD). In January, Kim also stated that the ENRD intends to “promote a corporate culture that fosters strict attention to law,” in recognition that “decisions made in the day-to-day operation of corporations can control the environmental health of the American people.” Rather than relying on the more limited criminal penalties available under worker safety statutes, the ENRD deputy attorney general in 2015 directed federal prosecutors to consider utilizing Title 18, the main criminal code enforced by the federal

government. He said the division also is pursuing violations of environmental offenses, “which often occur in conjunction with worker safety crimes,” to enhance penalties and increase deterrence. Garland reinforced this collaboration on March 8, stating that DOJ is working closely with the DOL to protect “fair wages, fair terms of employment and just working conditions. We are also deepening our partnership with DOL to sharpen the tools at our disposal to protect American workers.” DOJ’s actions are part of the Biden administration’s government-wide campaign to promote unionization of the American workforce. This got a boost recently when a high-level task force created a broad list of initiatives for federal agencies to engage in that are designed to further union-organizing efforts. Among the actions taken were execution of agreements among agencies to work together more closely to promote union interests and agendas. Among the actions taken already taken by DOJ in direct support of OSHA activities is the March 8 announcement of a guilty plea by an oilfield manager regarding a felony charge of obstructing an OSHA proceeding stemming from the 2014 death of an oilfield worker in Williston, N.D. One of the employees supervised by the manager welded on an uncleaned tanker trailer that had previously carried “produced water,” a liquid waste that is generated by oil wells and which contains flammable chemicals. The tank exploded and the worker was fatally injured. The supervisor later admitted that he made false statements during an interview with OSHA, including stating that he did not know about the hazards and composition of produced water. The company also was sentenced to pay $2.1 million in fines and restitution. In another example of the DOJ-OSHA cooperative efforts, in January an Omaha, Neb., railcar cleaning company and its owners were sentenced for violations of environmental and federal safety laws that resulted in workers’ 2015 deaths in regard to charges brought by DOJ. This case was brought following another situation where improper cleaning of a tank car led to an explosion killing two employees and injuring a third. The Justice Department enforcement action resulted in two men who were company owners and officers being fined and sentenced to prison for falsifying documents and lying to OSHA investigators and for violations of the Resource Conservation and Recovery Act (RCRA).

Labor Shortages Won’t Be Solved With Technology Alone 3.2.2022 | EHS Today by David Natalizia Firmwide controls and processes are vital to building a safer

As the labor market continues to fluctuate, business leaders

and more resilient workplace.

are facing the harsh reality that these new dynamics and

2022 is already proving to be another year fraught with

challenges might be here to stay. Part of the changing

uncertainty, as organizations continue to face deep supply chain disruptions and workplace risks stemming from ongoing labor shortages. Now, more than ever, new and innovative technologies are being deployed—or considered for deployment—to answer workforce availability issues and improve safety. However, these technologies won’t provide the desired benefits without careful management, and they require well planned implementation and follow-up to succeed. The COVID-19 pandemic was only the start of these

nature of the workplace includes heightened expectations and demands from employees for health and safety protections. All the while, companies have begun investing heavily in new technologies built, in part, to help address a scarcity of workers. Amid this new era of labor shortages and technological innovation, leaders must actively rethink their workforce structures to achieve their goals and establish a more stable workforce with a level of safety and health controls fit for the times.

issues, which now include a shift in expectations about

ADAPTING TO NEW WORKPLACE DYNAMICS

the nature of the workplace itself and willingness to

Automation has long been an avenue for companies to

participate in various roles. According to the U.S. Bureau of Labor Statistics, 4.5 million U.S. workers left their jobs in November, part of a phenomenon commonly referred to as the Great Resignation. Further mixed job growth numbers in December indicate the headwinds of 2021 haven’t yet abated; the January 2022 jobs report suggests a slight rebound but nowhere near a full recovery.

improve production capacity and reduce risks from manual operations, and the recent shake up in the labor market has only increased consideration and adoption of these solutions. Data compiled by the Association for Advancing Automation notes that from January to September 2021, factories and other industrial users ordered 29,000 robots, 37% more than during the same period the previous year, valued at $1.48 billion.

We believe this trend will continue throughout 2022

workers without the considerable risks of powered devices.

and beyond, as we have already seen how the global

However, there is still a list of EHS procedures, policies and

pandemic has spurred innovative uses and applications

decisions that need to be considered before any of those

of automation and robotics. In our work with a range of

benefits can be reaped.

global Fortune 500 companies, we have seen a rise in the

By adding technology like an exoskeleton or robot to the

use of automation beyond traditional production and warehousing robot applications. Use cases include drones and virtual reality (VR) technology for facility inspections and audits; special purpose exoskeletons for manual tasks; and wearables, such as watches and health sensors, that help mitigate or prevent risks that can lead to injuries.

workplace, organizations face unintended consequences. One is the added responsibility on their workforce to ensure appropriate use, integration and handling. For example, one recent study found that while workers enjoyed physical benefits from exoskeleton usage, they also endured taxing mental fatigue while working with the device.

For example, one major electric infrastructure operator

Another unintended consequence is the need for firmwide

implemented a combination of unmanned aerial vehicles

ownership of these controls.

(drones) to complete tower and conductor inspections.

Organizations need to consider those unintended

The company also permanently installed sensors to monitor remote facility and equipment conditions. This sensor use marks a growth in workplace technology applications, from predictive maintenance to health and safety considerations. And in heavy construction, fatigue and heat stress monitoring are among the risk controls that have been automated to improve safety and well-being on the worksite.

consequences and ask themselves several questions before introducing new technology, including: • Did we plan to buy the technology with enough time in advance for someone to ensure it arrived as ordered, is in working condition, and is properly assembled and set up? • Did we design a site and task-specific training program? Did we allocate proper time to train users?

While these and other similar technological additions bring

• Did we outline proper care and procedures for upkeep?

significant increases in productivity and benefits, they may

Is the technology regularly cleaned? Where is it stored

come with unanticipated side effects. Introducing complex

when not in use? Has it been stored properly? How

technology into any workplace is almost guaranteed to

long should a user be required to work using it? What

create conflict between man and machine, particularly if

happens when it gets damaged?

workers view their technological counterparts as a threat to their job security or even their physical safety.

• Do we have checks and controls in place for proper use? Is someone checking that the technology is

Put simply, challenging the status quo with new innovations

working properly, that it is being used in the correct

in this way threatens to put undue stress on a workforce. It

manner or whether it might need adjustment?

will require leaders to embrace innovative approaches— not just to technology, but also to environmental, health and safety (EHS) tactics to drive safety performance, lower costs, improve oversight and increase skills.

UNINTENDED CONSEQUENCES Over the past few years, the manufacturing industry has seen a significant uptick in research and initiatives around exoskeletons, the mechanical apparatuses that can help increase the size and quantity of loads workers can move and potentially reduce workplace injury caused by repetitive tasks. In concept, exoskeletons have the potential to use active

• Do we have the right people in place for all these new controls and responsibilities? • Is our executive team involved? Is our chief risk officer working alongside our operations, HR and EHS experts? • Has the technology responsibility been shared across the organization? Companies must perform a high-wire act when introducing technology into the workplace. As good as it feels to introduce new efficiencies into monotonous processes, leaders have a responsibility to always fully vet and scrutinize technologies to ensure they achieve the desired results without risking employee health and safety.

power-assist, but in current practice this is a technology still too rife with potential dangers to be ready for widespread industrial application. The more common passive, unpowered exoskeletons still offer many benefits to ...continued on next page 15

POLICY, CONTROLS AND PROCEDURES DRIVE LONG-TERM SUCCESS Organizations that look to technologies (e.g., exoskeletons, robots, cobots, wearables or drones) as the cure-all for labor shortages will likely become disillusioned. The decision to

Measure performance to objectives. Once a technology has been implemented, review the results or data points to make sure the company is on target. How is this reshaping the workforce? What can the company do better for ongoing success?

purchase the tool is the easiest step, but the implementation

Throughout this process, it’s critical to keep in mind that

may not be so easy. To drive long-term success,

technology will not replace the human element. Rather,

organizations must take five key steps prior to purchase.

technology will shift roles and duties, sometimes in a more

Establish clear goals and objectives. It is important to identify why change is needed and develop a comprehensive strategic roadmap. Developing a road

collaboration is a top priority. As organizations continue to tackle industry-wide labor

follow and ensure goals and objectives are met.

shortages and strains, they will no doubt increase their

Consider your resources. Where has this technology the lessons learned? Can the company tap additional resources to get a fuller scope of any adjustments that should be made before demos and implementation? Bring in stakeholders early. Design and review for EHS and demo before purchase.

prioritize their people and build a culture where sharing and

map provides a clearer direction for organizations to

already been used in similar applications, and what were

complex direction. It is therefore essential that leaders

Pilot and test before full rollout. This step will allow an organization to see its strategy in action before rollout, providing the opportunity to refine safety strategy and procedures for use.

adoption and introduction of technology in 2022 and beyond. Those that take the steps now to think both strategically and tactically about incorporating these technologies into their organization—without putting employee safety in any additional jeopardy—will be better positioned to develop a more resilient workforce for tomorrow.

Western Operations First Aid, CPR/AED Class

The following attended American Red Cross - Blood Borne, First Aid, CPR/AED training. Front Row: Donna Lorenzen, Tony Su, Charlie Engel, Jeff Anderson, Dan Guesman, William (Bill) Lee, Deborah Chavez, and Ricardo Caoile Second Row: Nirav Mehta, Robert Wang, Agustin Jimenez, Julio Partida, and Tom Merryman Back Row: Jim Martin, Andrew Fisher, Chris Holley, Eric Greer, Matt Luckett, Ken Strech, Joe Amaya, Jay Fischer, and Omar Sheikh

Not present for picture: Cathy Nolan

Julio Partida volunteers to help demonstrates a conscious person being placed in the rescue position.

Julio Partida volunteers to help Julio Partida volunteers to help demonstrates back blows during the Heimlich maneuver.

demonstrates the proper method to install gauzes to a person cut arm. A special thanks to Deborah Chavez for all the task pictures.

Western Operations OSHA Update Class

The following attended a two (2) day OSHA update where we reviewed twenty section of the OSHA 29CFR1926 and discussed the difference between Federal OSHA and Cal-OSHA requirements. The last half of the second day we reviewed our new Austin Safety Manual and forms. Front Row: Charlie Engel, Tony Su, Robert Wang, Agustin Jimenez, Dan Guesman, Deborah Chavez, William (Bill) Lee, Tom Merryman, and Ricardo Caoile Back Row: Chris Holley, Eric Greer, Matt Luckett, Ken Strech, Julio Partida, and Joe Amaya

Agustin Jimenez volunteers to

Front Row, L to R: Ricardo Caoile, Deborah Chavez, Bill Lee, Dan Guesman (taking photo)

help demonstrates the proper

Middle Row, L to R: Chris Holley, Eric Greer, Matt Luckett, Ken Strech, Agustin Jimenez

method to wearing a fall

Last Row, L to R: Joe Amaya, Tony Su, Robert Wang, Julio Partida

protection harness.

A special thanks to Dan Guesman for all the class and task pictures. Dan is not present in the class picture.