The Consequences that Small Businesses Face by Not Following Lockout/Tagout

The Occupational Safety and Health Administration’s (OSHA) Recordkeeping Rule exempts employers with 10 or fewer employees from recording non-serious workplace injuries and illnesses, however, all employers of any size are required to comply with all applicable OSHA regulations. “All applicable OSHA regulations” refers to either federal OSHA regulations or “State Plan” regulations. Currently, there are 22 states that are approved by OSHA to administer their own, state-specific, worker safety and health plans, which apply to private sector companies (including small businesses, as well as state and local governments).

Small business owners that are one-person operations, or without any employees are not required to adhere to OSHA regulations for employers. Although not mandated, these small business owners should, where applicable, still follow the regulations to keep themselves safe while working. There is always potential for workplace accidents to occur in any workplace. Following OSHA’s regulations helps curtail that potential.

OSHA estimates that complying with Lockout/Tagout (LOTO) saves approximately 120 lives and prevents around 50,000 injuries each year. Thus, non-compliance with LOTO continues to make OSHA’s top 10 list of the most violated regulations for nearly every year that OSHA has been publishing the list. 

Lockout/Tagout

OSHA defines “hazardous energy” as any source of energy that can be hazardous to employees, including but not limited to electrical, mechanical, hydraulic, pneumatic, chemical, and thermal sources of energy. OSHA’s federal and state Lockout/Tagout regulations describe preventative measures employers should implement in order to protect employees from the accidental start-up of machines and equipment during servicing and maintenance, either from human error or residual energy. OSHA’s Lockout/Tagout Fact Sheet describes the practices and procedures necessary to disable machinery or equipment to prevent hazardous energy release.

Not following LOTO protective measures can result in thermal burn accidents that can cause severe injuries and even death. Lack of LOTO electrical energy controls can result in severe shock and electrocution. Uncontrolled mechanical energy can result in amputations and fatalities. Utilizing LOTO protective measures can save many lives and prevent numerous injuries.

Accidents can be unexpected and are unintentional, but they do happen, even in small businesses. Therefore, small business owners should adopt protective measures like LOTO to ensure safety in the workplace. It may involve some costs and effort, but safety is always good business

Click here, for additional resources relating to Lockout/Tagout.

New OSHA Site-Specific Inspection Directive Targets Workplaces with Highest Injury and Illness Rates

In December 2020, the U.S. Department of Labor updated the Occupational Safety and Health Administration’s (OSHA) Site-Specific Targeting (SST) Directive inspection program, emphasizing recordkeeping requirements.

The Site-Specific Targeting (SST) Directive is OSHA’s primary targeting program for non-construction workplaces with 20 or more employees. The agency selects establishments based on injury and illness data employers submitted on Form 300A for calendar years 2017-2019.

The new directive replaces Site-Specific Targeting 2016, and includes these significant changes:

  • The creation of a new targeting category for establishments indicating consistent injury and illness rate increases over the three-year data collection period, and
  • Allows records only inspections to occur when a compliance safety and health officer determines incorrect data led to an establishment’s inclusion in the program. This change ensures OSHA will conduct a full inspection only when the employer has an actual elevated injury and illness experience.

The new directive replaces Site-Specific Targeting 2016, and includes the following significant changes:

  • The creation of a new targeting category for establishments indicating consistent injury and illness rate increases over the three-year data collection period, and
  • Allows records only inspections to occur when a compliance safety and health officer determines incorrect data led to an establishment’s inclusion in the program. This change ensures OSHA will conduct a full inspection only when the employer has an actual elevated injury and illness experience.

In addition to the SST program, OSHA implements both national and local emphasis programs to target high-risk hazards and industries.

OSHA’s On-Site Consultation Program offers no-cost and confidential occupational safety and health services to small- and medium-sized businesses to identify workplace hazards, provide advice for compliance with OSHA standards, and assist in establishing and improving safety and health programs. On-Site Consultation services are separate from enforcement and do not result in penalties or citations.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards and providing training, education, and assistance.

U.S. to exempt automated vehicles from some crash standards

The auto and technology industries have long pressed the National Highway Traffic Safety Administration to modify existing vehicle safety standards that boosted the cost of automated cars and trucks.

The National Highway Traffic Safety Administration has issued new rules that would allow manufacturers of automated vehicles to sidestep certain crash standards required of conventional vehicles in order to cut production costs. The NHTSA has stated last Thursday the rules would exempt automated vehicles that are designed to carry only goods, not people, from some crash standards. The new rules would give a freer hand to manufacturers of 

passenger-carrying autonomous vehicles to design vehicles without standard controls, such as steering wheels.

According to  Deputy NHTSA Administrator James Owens, “We do not want regulations enacted long before the development of automated technologies to present an unintended and unnecessary barrier to innovation and improved vehicle safety.”

It is the first time the NHTSA has taken a significant move to remove barriers to deployment of vehicles without the usual, human controls. This includes dropping the requirement of a driver’s seat in self-driving vehicles. NHTSA’s final rule says it seeks “to remove unintended and unnecessary barriers to vehicle designs.”

Although the agency released the text of a single final rule encompassing the changes and signed on Wednesday, it is not clear when it will be formally published in the Federal Register.

The Self-Driving Coalition, a group including Alphabet Inc’s Waymo, Ford Motor Co, Uber and others, said the rule addresses “barriers to innovation while preserving the important safety protections afforded to vehicle occupants by NHTSA’s current standards.”

The NHTSA has estimated its rule would save automated vehicle manufacturers up to $5.8 billion in the year 2050, or about $995 per vehicle based on an estimated production of 5.8 million vehicles.

Michigan OSHA Launches Emphasis Program on Silica

According to OSHA, 2.3 million workers nationwide are exposed to silica, a carcinogen found in stones and sand. These particles are inhaled as a result of high-energy operations such as cutting, sawing, grinding, drilling, and crushing stone, rock, concrete, brick, blocks, and mortar. Breathing silica dust can cause silicosis, a disabling, non-reversible, and sometimes fatal lung disease; other non-malignant respiratory diseases such as chronic bronchitis; lung cancer; kidney disease; and it may be associated with auto-immune disorders and cardiovascular disease. In an effort to educate the public, Michigan OSHA (MIOSHA) has launched a 12-month state emphasis program in which the focus is to reduce exposure to respirable crystalline silica.

 

MIOSHA is also offering consultation-based audits to help workplaces identify potential silica hazards. MIOSHA has made a list of industries such as construction, with typically high rates of silica exposure and cases of silica-related illnesses. MIOSHA will conduct unannounced investigations at these establishments to ensure compliance with federal OSHA standards, listed below. 

MIOSHA Standards

MIOSHA Resources 

Federal OSHA Resources  

 

Scientists Create Eco-Friendly Jet Fuel From Carbon Dioxide

 

Currently, air travel generates up to 12% of all transportation-related CO2 emissions globally, but that may all change.

In a new study published in the journal “Nature Communications”, a team of researchers affiliated with multiple universities in the UK and Saudi Arabia, have proven that it is possible to turn carbon dioxide into jet fuel. If carbon dioxide gas were used to manufacture jet fuel rather than oil, the aviation industry’s carbon footprint would dramatically decrease.

According to ScienceNews, by using a new, inexpensive iron-based catalyst, (with added potassium and manganese) CO2 could be transformed into hydrocarbons found in jet fuel when combined with hydrogen, citric acid, and carbon dioxide, preheated to 350 degrees Celsius.  The Oxygen atoms from the CO2 also join up with Hydrogen atoms and form water molecules. Additionally, according to the study, byproducts of this “organic combustion method include light olefins, ethylene, propylene, and butenes, and according to ScienceNews,  ethylene and propylene can be used to make plastics. 

The researchers declare that with this method, planes would be carbon-neutral and this new process uses less electricity and costs significantly less than compared to the conventional fuel production methods. They also add that this process can be installed in any high-carbon dioxide generating plants such as coal plants. 

New Year, New Traffic Safety Laws in California

The nationwide, annual economic, and societal cost of auto accidents is more than $871 billion.

In an effort to make the state safer, to make people drive safer, California passed a few new roadway safety laws that take effect on January 1, 2021.

Distracted driving (AB 47, Daly; 2019)

The hazards of texting while driving are well known, and in California, it is already illegal for those under 18 to use a phone, even hands-free, while driving, as well as for motorists. To make the law more all-encompassing, AAA and the California Highway Patrol (CHP) have sponsored Assembly Bill 47

Using a cell phone in a handheld manner while driving is currently punishable by a fine. Starting July 1, 2021, a driver violating the hands-free law for a second time within 36 months of a prior conviction for the same reason, will get a point added to their record. This applies to the violations of talking or texting while driving (sans hands-free use) and any use of these devices while the driver is a person under 18 years of age.

Unattended Children in Motor Vehicles (AB 2717, Chau)

Assembly Bill 2717, exempts an individual from civil or criminal liability for trespassing or damaging a vehicle in the process of rescuing a child or children 6 years old or younger who are in immediate danger from lack of ventilation, heat, cold, or other dangerous circumstances. 

“Move Over, Slow Down” (AB 2285, Transportation Committee)

The “Move Over, Slow Down” law is already in place on freeways. The purview has been expanded to now also apply to local roads and streets.  Drivers approaching a stationary vehicle displaying emergency lights, must move to another lane if possible, or slow to a reasonable speed on highways in addition to freeways.

Emergency Vehicles (SB 909, Dodd)

Senate Bill 909 allows authorized emergency vehicles to use a “Hi-Lo” warning sound. This would be used to alert the public and immediately evacuate an emergency area. The CHP has stated that it is currently developing regulations to standardize the Hi-Lo warning sound statewide, and until the regulations are adopted, law enforcement agencies may use the Hi-Lo warning sound by obtaining a permit from the CHP.  The law went into effect on September 29, 2020.

 

Tips for COVID-19 Risk Management

 

Tip #1: Ask a third-party to audit your company’s COVID-19 safety policies, practices, and daily operations.

Civil liability is based on a failure to act with appropriate care. In the context of COVID-19, appropriate care may be demonstrated through compliance with guidelines set by the Centers for Disease Control and Prevention (CDC), the Occupational Health and Safety Administration (OSHA), and the relevant state agencies. An effective third-party audit should include a comprehensive review of your company’s compliance with said guidelines and recommendations for compliance improvements. 

Tip #2: In case of a confirmed case of COVID-19, develop a plan of action to respond 

If your workplace is exposed to COVID-19, it is best for all employees to respond according to a protocol that is based on federal and state standards.

Tip #3: Stay up-to-date with state and local standards.

COVID-19 safety regulations are more intensively managed on a state level than a federal one. For full compliance, employers should seek guidance to stay on top of dynamic state and local standards.

Tip #4: Do not depend on liability waivers.

Gross negligence usually cannot be waived. OSHA’s safety standards and workers’ compensation claims are generally not waivable, even if your state law allows for it. Employees could sign an acknowledgment of your safety plan and COVID-19 reporting procedure, as this would demonstrate that your workplace is serious about compliance.

View the original statement here