August 2013

Table Of Contents

1. Welcoming Our New 2013 NSMS Members

2. Members’ Accomplishments and Special Recognitions

3. Important Reminder: Time to Renew Your “2013” NSMS Membership

4. Introducing the “new-look” NSMS Website!

5. Member Benefit: Online Certified Safety and Health Manager (CSHM) Educational and

Exam Preparation Reference Materials

6. College Outreach Initiative Launched

7. Workshop - “Enhancing Safety Management Skills, Knowledge & Abilities (SKAs): 2-Day

Professional Development Workshop”

8. The ISHM “Certified Safety and Health Manager” (CSHM) Accreditation Has Been

Achieved!

9. NSMS’ “Certified Safety Supervisor (CSS)” Credential Now Accepted Towards Associate

Safety Health Manager (ASHM) Qualification

10. ASSE Approves the CSHM Certification for Professional Membership

11. Senate Confirms Thomas Perez as Secretary of Labor

12. IMPACT: OSHA Strengthens Rules For ‘Model Workplace’ Program

13. OSHA Wants Ergonomic Conditions for Hospital Workers

14. Chemical Safety Board May Tell OSHA, Obama Administration, Off, Officially

15. OSHA Safety Regulations Demand Hazmat Training

16. Report: Too Many Workplace Injuries

17. What We Can Learn from the Virginia Tree Trimming Law

18. Managing the Rise of Baseless Whistleblower Retaliation Claims

19. Professional Development Insights: Tips on Turning Followers Into Leaders

20. That Bad Boss May Be Toxic to Your Family, Too

21. Labor Commissioner Berry Says NC Small Businesses Hurt By Some Federal Regulations

22. Fishing Fatalities Prompt Discussions on Safety

23. Lesson Learned: Arkansas Poultry Plant Cited For 11 Safety Violations

24. Lesson Learned: DOL Has Ordered Metropolitan Aviation To Reinstate Pilot And Pay

Damages

NSMS SAFETY DIGEST – August 2013

Welcoming Our New 2013 NSMS Members -

On behalf NSMS President Roosevelt, the NSMS Executive Committee and the NSMS Board

of Directors, we like to thank all members who have proactively renewed their 2012 National

Safety Management Society memberships. We would also like to acknowledge, recognize

and welcome the following new member(s) to our professional organization:

Julie Chapoton

Michael Harris

Katherine Jackson

Brandon Johnson

James A. Junkin

Jeffrey Loehr

Peter Marano

Francisco Petralba

Blaine T. Radenz

Mario Ramos

Juan Carlos Serrano

Anthony L. Smith

Thaddeus N. Walker

Justin Yates

Members’ Accomplishments and Special Recognitions –

NOTE: If any current or new NSMS member would like to share his/her special

accomplishments and/or recognition awards, please send those announcements to

nsmsinc@yahoo.com and we will gladly publish them and celebrate together! A photo is

optional.

New Certified Safety Technicians

Julie Chapoton, CST

Michael Harris, CST

Brandon Johnson, CST

Jeffrey LoehrD, CST

Peter Marano, CST

Francisco Petralba, CST

Blaine T. Radecstnz, CST

Mario Ramos, CST

Juan Carlos Serrano, CST

Anthony L. Smith, CST

Thaddeus N. Walker, CST

Justin Yates, CST

The twelve individuals listed above have recently completed the requirements for the

designation of Certified Safety Technician (CSP) issued by the National Safety Management

Society. This certification recognizes those who have attained a level of knowledge, training

and experience to demonstrate competency at the operational-level of safety and health

practice out in the field. Congratulations to these up and coming individuals on their

accomplishment. They have also completed the PEC “Battlefields to Oilfields” program.

Congratulations to Katherine Jackson and James Junkin for achieving the Certified Safety

Supervisor credential. This certification acknowledges and recognizes that they both

demonstrate the critical skills and abilities to effectively oversee worker/operational safety

and health in the field, as well as proficiency and competency in the handling of safety and

health oversight responsibilities. Well done!

Reminder: Not Too Late to Renew Your 2013 Membership to NSMS

Don’t forget to renew your membership with the National Safety Management Society

(NSMS). There’s still time before your access to our new website is restricted. We are

currently at 76% and we understand the current state of the economy has much to do with this

decision to defer membership. We hope all our past and prospective members will step up

and formalize your association with NSMS by going online to our website - http://nsms.us.

Thank you.

Check Out the “new-look” NSMS Website!

Besides a new look and feel, the website has been redesigned with the goal of making it more

user friendly. As time goes on, you will see new interactive features that current dues-paying

members can utilize, such as:

Member login and administration – members will be able to personally update their

information in the NSMS database whenever necessary

Member communication – The new website will enable NSMS send customized

emails and newsletters to our members.

Member Blog – With our new blog feature, we are looking for better member

networking and interaction.

Webinar hosting – As part of the website enhancement, NSMS will begin to host

quarterly webinars for its members free of charge. Non-members may participate for

a fee.

There are many other features, but these are just the highlights. We look forward to your

feedback and further suggestions to improve/expand the online features and services of our

website. Please take it for a test drive and let us know what you think!

FREE ACCESS: Online Certified Safety and Health Manager (CSHM)

Educational and Exam Preparation Reference Materials

As a benefit for our current and future dues-paying members, NSMS is permanently

offering free access to the Certified Safety and Health Manager (CSHM) preparation and

educational materials. The online resources, created by NSMS member Steve Geigle, can

be found at www.cshmprep.com and the only action an NSMS member needs to take is to

email Steve requesting access from that website. You will need to include your current

NSMS member number (found on your membership card and certificate). Once the

number is verified, you will be granted a username and password to access the online

reference materials. This is a great opportunity to brush up on your safety management and

technical knowledge and prepare for a successful passing of the CSHM certification

examination.

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ISHM Introduces a New Safety Practitioner Certification Program

The Institute for Safety and Health Management (ISHM) unveils the Certified Safety

Management Practitioner (CSMP) certification program with an opening grandfathering

period.

The Institute for Safety and Health Management (ISHM) is the premier credentialing

organization founded to promote the advancement of safety management through the

application of management principles and the integration of safety into all levels and activities

of the organization. ISHM, which administers the Certified Safety and Health Manager

(CSHM) certification and Associate Safety and Health Manager (ASHM) program, has

developed a new certification program to recognize safety practitioners whose duties include

performing occupational safety and health management activities either on a part-time or full-

time basis. This new certification is known as the Certified Safety Management Practitioner

(CSMP) program.

Many people enter the safety and health profession from a wide variety of backgrounds and

over time attain the skills necessary to become highly effective safety and health

practitioners. A CSMP might be an active safety team participant, line manager, human

resources professional or a wage associate. This new certification recognizes those who have

attained a level of knowledge, training, and experience to manage a safety and health

assignment competently and professionally.

Designed to recognize safety management professionals who have already demonstrated their

knowledge and experience in the field, the CSMP Grandfathering Program gives such

professionals the opportunity to certify without the exam requirement. This is a limited

program, as the Grandfathering Program will run from January 1, 2013 until December 31,

2013. After December 31, 2013, candidates must not only meet the education and experience

requirements, but must also take and pass the rigorous 2-hour professional certification

examination in order to become certified as a CSMP. All professionals seeking certification

through the Grandfathering Program are encouraged to start their application process as soon

as possible, so in case issues or questions arise, you will have enough time to address those

before the program expires.

The National Safety Management Society’s Certified Safety Supervisor (CSS) is recognized

by ISHM by providing credit toward the experience requirement to become certified. Those

holding the CSS need only have 3 years of qualifying experience to be eligible for the CSMP

Grandfathering Program.

To learn more about the new CSMP certification or the CSHM and ASHM programs, please

visit http://www.ISHM.org, email info@ISHM.org or call (877) 201-4053.

ANNOUNCEMENT

WORKSHOP AVAILABILITY

NATIONAL SAFETY MANAGEMENT SOCIETY

“Enhancing Safety Management Skills, Knowledge & Abilities (SKAs): 2-Day Professional Development Workshop”

PLEASE NOTE: NSMS would like to offer this program at your location if a minimum

class size of twenty five (25) attendees can be registered. An individual who volunteers to

organize the group will receive have his/her registration fee waived.

This interdisciplinary workshop will enable safety professionals/managers to sharpen their

skills, knowledge and abilities in interacting with employees and company leadership. The

fee (early-bird, pre-registration payment) for NSMS members is $125 and $275 for non-

members and an on-site (or late) registration payment of $195 for NSMS members and $325

for non-members (includes lunches and program materials). With space available, college

students enrolled and majoring in this field of study are also invited to attend (NSMS Student

[Affiliate] Members’ workshop fee is $75).

*********************************

“Enhancing Safety Management SKAs: 2-Day Professional Development Workshop”

Instructor: Dr. Jeffrey Chung, CSHM CHFP – NSMS Executive Director

Day One – (subject to minor adjustments)

• Administrative Business, Introductions and Workshop Overview

• Safety Management Principles and Practices (Including Upcoming Fed-OSHA I2P2)

• Safety Attributes for Best-in-Class Organizations

• Emerging Safety and Health Issues – Aging Workforce, Distracted Driving, Mobile

Devices and Training Needs of Foreign/Newer Workers

• Psychology of Safety – A Behavior-based Approach; Human Performance

Improvement

• Developing Effective Training/Presentation Skills

• Role of Safety Committees; Conducting/Facilitating Effective Meetings

Day Two – (subject to minor adjustments)

• Occupational Safety and Health Auditing

• Accident Investigation Process

• Understanding Self/Others/Your Organization – SMART Profile

• Strategic Planning Concepts and Process

• Problem Solving and Analytical Tools

• Performance Metrics for Continuous Improvement

• Corporate Communication Strategies for Safety/Risk Management Professionals

• Ethics for the Safety Practitioner and Manager

• Stress and Health Management for the EH&S Professional

• Wrap-up and Workshop Evaluation

The ISHM “Certified Safety and Health Manager” (CSHM) Accreditation

Has Been Achieved!

The vision of our early NSMS founders to develop a safety management-focused credential to

recognize professional competence in safety leadership has culminated in the official

accreditation of the NSMS-created Certified Safety and Health Manager credential by the

Council on Engineering and Scientific Specialty Boards (CSEB). CESB is a self-sustaining,

independent body, which accredits certification programs organized and operated consistent

with sound credentialing practices tailored to the needs of engineering and technology

specialties. CESB is the recognized accreditation body for engineering and scientific

certification and specialty certification programs for professional credentials such as the

Board Certified Environmental Engineer, Certified Industrial Hygienist and Certified

Hazardous Materials Manager.

Our sister organization, the Institute for Safety and Health Management (ISHM) and its Board

of Directors deserve all the credit for their leadership, diligence, determination and

perseverance in marshalling this monumental effort to fruition. Our CSHM credential holders

deserve our gratitude for their patience as this initiative effort went through many trials and

tribulations over the years. The Institute for Safety and Health Management is the

credentialing organization, which administers the CSHM to recognize safety and risk

management professionals who, through demonstrated professional experience and the

passing of a comprehensive exam, have met ISHM's requirements for mastering the safety

management body of knowledge.

The CSHM credential recognizes safety and health professionals who demonstrate knowledge

of health and safety management skills and techniques through examination and experience.

The CSHM certification program promotes the integration and practice of safety management

principles throughout all levels and activities of an organization. In addition to technical

knowledge of safety and industrial hygiene, a successful safety and health manager must

possess working knowledge of a broad range of business and financial principles and an

understanding of related issues such as hazard analyses, accident/incident investigations,

safety audits/surveys, workers' compensation, risk management, product safety, human

factors, environmental laws, quality, and labor relations. The CSHM program is designed to

provide recognition of those who can apply such a broad range of health and safety

management tools. NSMS offers to be a resource and facilitator to help those interested in

pursuing such a certification.

To request a copy of the official “Program Accreditation Letter” and “Accreditation Action Report”

from the COUNCIL OF ENGINEERING AND SCIENTIFIC SPECIALTY BOARDS (CESB),

please email Larry Curtis at ISHM - manager@ishm.org

NSMS’ “Certified Safety Supervisor (CSS)” Credential Now Accepted

Towards Associate Safety Health Manager (ASHM) Qualification

Associate Safety and Health Manager (ASHM) designation is intended to recognize those

individuals who possess some combination of formal training and experience listed below that

prepares them for safety and health management responsibilities. The ASHM serves to let

potential employers and current employers know that these individuals have been formally

educated to address workplace safety and health issues or are ready to step into entry-level

positions in safety management.

Individuals who receive the ASHM designation have a period of six years to pass the

accredited Certified Safety and Health Manager (CSHM) certification examination. The

ASHM designation will permanently expire six years after the date of issue or when replaced

by the CSHM designation, whichever comes first. For more information, please visit the

ISHM website: http://www.ishm.org/pages/associate.html

Upon completion of the application package, approval by the review committee, and payment

of the appropriate fees, a candidates who does not have a college degree, but is a holder of a

safety certificate recognized by the ISHM Board (http://www.ishm.org/pdf/certprograms.pdf),

plus nine years of qualifying work experience is eligible for the ASHM designation:

ASSE Approves the CSHM Certification for Professional Membership

The Institute for Safety and Health Management’s (ISHM) CSHM certification has been

approved as an option for professional membership in the ASSE. On June 3rd, The American

Society of Safety Engineers (ASSE) opened the Safety 2012 Exposition at the Colorado

Convention Center. The exposition, along with the annual conference, brings together

thousands of safety engineers and vendors from across the globe.

Many members of the ASSE are also certificate holders of the ISHM’s Certified Safety and

Health Manager (CSHM) and Associate Safety and Health Manager (ASHM) certifications.

Today, the ASSE and ISHM are pleased to announce that the ASSE has approved the ISHM’s

Certified Safety and Health Manager certification as an option for professional membership in

the ASSE.

The CSHM certification now joins the ranks of the Certified Safety Professional (CSP) and

Certified Industrial Hygienist (CIH) in achieving this prestigious status and recognition by the

ASSE. “We are delighted to be announcing this important development to the safety

engineering and health and safety professional communities,” reported Larry Curtis, CSHM,

Executive Director of ISHM. “This is big development that opens the door to ASSE

membership to all the health and safety professionals who have distinguished their

capabilities by obtaining the prestigious CSHM certification. CSHM applicants for the ASSE

membership will be required to demonstrate that they have met stringent educational and

experience requirements.”

For health and safety professionals, the CSHM certification is the only accredited certification

that focuses entirely on the safety management process. Human resources (HR) managers and

government agencies such as OSHA, EPA, Homeland Security, Army, Navy, Marines and

Coast Guard seek after CSHM designees.

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Senate Confirms Thomas Perez as Secretary of Labor (By Sandy Smith, EHS

Today – July 19, 2013)

The Senate voted 54-46 on July 18 to approve Thomas Perez to head the Department of Labor.

President Barack Obama, when announcing Thomas Perez as his pick to be the next Secretary

of Labor on March 18, called Perez a “consensus builder.” Perez finally got the consensus of

the Senate, who confirmed his nomination 4 months later, on July 18.

Perez comes to DOL from the Department of Justice, where he headed DOJ’s Civil Rights

Division. The son of Dominican immigrants, Perez is an attorney who helped pay his way

through college by working as a garbage collector, to the American people. Prior to joining

DOJ, Perez served as secretary for Maryland’s Department of Labor, Licensing and

Regulation, where he helped implement the country’s first statewide living-wage law.

Because, said President Obama, "He understood that a minimum wage should be a wage that

you can live on.”.

"His story reminds us of this country’s promise, that if you’re willing to work hard, it doesn’t

matter who you are, where you come from, what your last name is – you can make it if you

try," President Obama said. "And Tom has made protecting that promise – for everybody –

the cause of his life."

The Communications Workers of America commended the Senate for its confirmation of

Perez, calling him “a strong advocate for working Americans [who] will ensure that job safety

and health, wage and hour provisions and other safeguards for workers are enforced.”

Throughout his career in public service, whether at the U.S. Department of Justice or

Maryland’s Department of Labor, Licensing and Regulation, Perez has focused on protecting

Americans from discrimination in the workplace, in the voting booth and in their dealings

with financial institutions.

Ai-jen Poo, director of the National Domestic Workers Alliance and Co-director of the Caring

Across Generations campaign, commented, “Millions of domestic and in-home care workers

across the country applaud today’s confirmation of Tom Perez as the new Secretary of Labor.

Perez’s long history of championing the rights of workers, immigrants and people with

disabilities make him an ideal Labor Secretary in the face of comprehensive immigration

reform and shifting social and economic realities in America.”

Janet Murguía, president and CEO of NCLR (National Council of La Raza), said, “Perez’s

decades of service as an elected and appointed official have shown him to be a staunch

supporter of workers’ rights with the keen ability to build consensus among stakeholders. We

are confident that Perez has the unique expertise and leadership experience to successfully

oversee the work of the Department of Labor, which is especially important for struggling

Latinos who face high levels of unemployment.”

During his time at the DOJ’s Civil Rights Division, Perez defended military families and

victims of hate crimes; prioritized the enforcement of civil rights statutes such as the National

Voting Rights Act, Title IX and the Americans with Disabilities Act; and settled three of the

largest lending cases in the Fair Housing Act’s history.

IMPACT: OSHA Strengthens Rules For 'Model Workplace' Program (By Chris

Hamby, The Center for Public Integrity – July 12, 2013)

Companies participating in a federal program that rewards “model workplaces” with

exemptions from some safety inspections now will face automatic removal after work-related

deaths or particularly serious violations.

The new policy, issued by the Occupational Safety and Health Administration, comes after a

2011 Center for Public Integrity investigation found a significant number of deaths at these

sites that had resulted in few consequences for the companies involved, even after inspectors

found they were at fault. The workplaces often stayed in the program, remaining exempt from

regular OSHA inspections.

“We want to ensure that everyone in the program is really one of the best of the best,” Jordan

Barab, the agency’s second-in-command, said of the changes.

After the Center series two years ago, OSHA convened a task force to conduct a review of the

Voluntary Protection Programs, known as VPP. Last August, the task force issued a report

urging, among other things, an overhaul of how the agency responds to serious accidents at

sites in the program.

Now, that tougher stance is formal OSHA policy. Any work-related death will result in an

automatic notice of termination – a significant departure from the agency’s previous, ad hoc

approach. The most serious types of violations also will lead to automatic termination, even if

they were not uncovered during the investigation of a death. These include infractions deemed

“willful” – those in which the employer intentionally broke the rules or acted with “plain

indifference” toward them – and cases that would land a company in OSHA’s Severe Violator

Enforcement Program, which targets employers with a history of intentional or repeated

violations or a refusal to fix cited problems. The Center series identified a number of sites that

had committed such violations but were allowed to remain in the program.

Companies can appeal the termination notice, and, though the agency is willing to entertain

evidence that special circumstances may have been involved, Barab said, “The basic goal is to

put the burden on the company to show why they shouldn’t be terminated.”

The first site that will be evaluated under OSHA’s new policy is a chemical plant in

Magnolia, Ark., owned by Albemarle Corp., where a contract worker fell to his death in June,

Barab said. An enforcement inspection is ongoing at the site. As of July 11, the company still

was touting its VPP “Star” status on its website, despite a provision in the new policy that

places sites where a death has occurred on a sort of probationary status while the investigation

is ongoing. Such sites are not supposed to display the VPP flag or other paraphernalia – status

symbols within many industries.

A spokesperson for Albemarle would not comment on the investigation but said in a

statement, “We are firm believers in the principles behind OSHA's Voluntary Protection

Program.”

Another deadly accident at a “model workplace” just missed being covered by the new policy.

A fire at ExxonMobil’s oil refinery in Beaumont, Texas, in April injured 12 contract workers,

with two later succumbing to burns. OSHA is still investigating.

“We are fully supporting OSHA’s efforts to determine the root cause and ensure that a similar

incident does not occur again,” a spokesperson for ExxonMobil said in a statement.

The oil giant has a number of other VPP sites, including three more just in Beaumont. Barab

said a decision about whether to evaluate these sites as well had not been made.

Neither Albemarle nor ExxonMobil would say whether they believed their sites should

remain in VPP.

OSHA Wants Ergonomic Conditions for Hospital Workers (By Marv

Dumon, Business 2 Community – July 21, 2013)

A new campaign that focuses on using ergonomics to prevent injuries in the workplace is

being directed at healthcare workers, according to a July 18 release by the Occupational

Health and Safety Administration (OSHA). The agency said that healthcare workers,

especially those responsible for patient care, are more prone hazards that can lead to

musculoskeletal disorders than those in any other field.

Long-term care workers and those who work in nursing homes are among those in the highest

risk category for issues such as sprains and strains, as well as soft tissue and back injuries.

The campaign is targeting 2,500 healthcare organizations in the mid-Atlantic region, which

includes Delaware, Pennsylvania, West Virginia and Washington, D.C.

MaryAnn Garrahan, OSHA’s regional administrator in Philadelphia, said that the best way to

control these injuries is an efficient prevention program. “Our goal is to assist nursing homes

and long-term care facilities in promoting effective processes to prevent injuries,” said

Garrahan.

Participating agencies will receive information about how to control the risk of injury through

hazard prevention. For example, many healthcare workers have to lift excessive weight during

patient transfers and handling, and the campaign provides information about how healthcare

employers can include a patient handling program to prevent these injuries.

“Common examples of ergonomic risk factors are found in jobs requiring repetitive, forceful,

or prolonged exertions of the hands; frequent or heavy lifting, pushing, pulling, or carrying of

heavy objects; and prolonged awkward postures,” according to information published by the

U.S. Department of Labor. “Vibration and cold may add risk to these work conditions.”

“Ergonomics is the science of designing specific items, such as furniture, to comfortably

conform to the body and reduce the risk of injury from stress and strain,” according to

Ergonomic Office Designs, a California-based Internet retailer of user-friendly furniture.

“Long hours of office work can be stressful to the mind, but time spent at a desk does not

have to strain the body as well,” according to the company’s founders, who post videos on

YouTube to help employees reduce the risk of workplace injuries.

Watchdog group Public Citizen’s Congress Watch division released a report on July 17 that

pointed out that while healthcare workers are at a significantly higher risk for the

musculoskeletal disorders, the industry only receives a small percentage of attention from

OSHA when compared to other high-risk injuries. Workers in healthcare and social assistance

jobs suffered more than twice as many injuries as those working in construction in 2010, but

OSHA conducted nearly 20 times more inspections in construction workplaces than in

healthcare workplaces.

“The government has a legal duty to provide a safe workplace for every employee in the

country, but it isn’t fulfilling this duty for health care workers,” Keith Wrightson, Public

Citizen’s worker safety and health advocate, told Bloomberg. “OSHA has a variety of tools at

its disposal to hold employers accountable for safety and health, and we are committed to

improving safety and health conditions for our nation’s health care workers,” the

spokeswoman reportedly said.

Public Citizen’s report also points out that the lack of an OSHA-mandated ergonomic-related

standard can limit the agency’s power during inspections, and that while the agency did

launch a national ergonomics emphasis program for nursing homes and residential care last

year, it has since only issued seven citations for unsafe ergonomic conditions since October

2011.

Chemical Safety Board May Tell OSHA, Obama Administration, Off,

Officially (By Diana Wray, Houston Press – July 24, 2013)

We have all seen the video. We could not help watching it, how the flames were licking the

sides of the building, the smoke was coming out in plumes. We watched it, knowing what was

about to happen, but it still came as a surprise when the fireball erupted and the fertilizer plant

in that small North Texas town, West, actually exploded.

In the wake of the blast that killed 15 people and left half a town in ruins, it turned out the

fertilizer plant itself had been about as unregulated as a plant can get. Occupational

Health and Safety Administration investigators had not inspected the plant since 1985. The

Environmental Protection Agency had not been on the scene since 2006, when they issued a

$2,300 fine for the facility, leaving the place pretty well unregulated and overlooked.

Well, that was all fine and dandy until the whole place ignited. The U.S. Chemical Safety

Board tried to investigate the site in the days after the explosion, but investigators were shut

out by the Justice Department's Alcohol, Tobacco and Firearms investigators and the State

Fire Marshal's Office, who pretty much destroyed the investigation site, according to CSB

investigators.

The CSB is not what you would call a powerful agency. Created in the 1990s, the agency was

given the power to investigate, but they cannot issue fines or citations or even collect

evidence from investigation sites. Their investigations can still pack a punch -- the report from

the British Petroleum Texas City explosion resulted in a $150 million fine for BP - and then

there is the fact that the board can issue rebukes. This week, the agency might actually take its

power to publicly disapprove and use it.

Over the past decade, CSB investigators have advised numerous changes be made to

strengthen OSHA and other regulatory agencies with power over the massive U.S. chemical

industry, but none of the recommendations were ever put in place. As the cleanup

continues, the CSB is getting ready to hold their annual meeting, and the agency is

considering issuing a rebuke on the failure of OSHA, in particular, and the Obama

administration in general, to make changes that could have averted this and other disasters, or

to do anything to make sure it does not happen again.

The independent investigative agency will consider labeling OSHA's failure to act on seven

recommended moves in the past decade "unacceptable," according to Bloomberg. Despite

being decidedly less than powerful, the agency does have the ability to highlight the lack of

action. (Remember how all those parents started writing Facebook posts about how bad their

children had been and how they were so very publicly being punished? It's kind of the

government entity equivalent of that.)

And it's worth doing, from the CSB standpoint, because West was likely only a symptom of

the regulatory problem. The official scolding, if it gets issued, will be aimed at the lack of

safety adjustments made in chemical plants, refineries and sugar plants, Bloomberg reports.

(Yeah, it turns out sugar plants are a source of concern because the dust in the plants is

combustible, which is alarming for all kinds of reasons.)

The issue with that combustible dust comes from an explosion in 2003 that killed 14. The

ammonium nitrate that fueled the explosion in West isn't on the list of things the CSB will

push to get better regulated next week, though the patchwork regulation taking care of it for

now has plenty of holes, Hillary Cohen, an spokeswoman for the board, told Bloomberg.

West isn't actually on the list of things to be dealt with because the investigation into the fire

is ongoing, but the explosion put the entire regulatory system under the microscope where it's

pretty difficult to ignore the regulatory holes that allowed West and other disasters to happen.

Will said potential rebuke have any real impact? Who knows, but it seems like saying

something is better than saying nothing at all. We will just have to wait and see if the folks

over at CSB agree.

OSHA Safety Regulations Demand Hazmat Training (By Robert P. Mark,

AINonline/Ainsafety – July 29, 2013)

Thousands of flight department employees, such as aircraft maintenance technicians, will be

required by December 1 to take U.S. government-mandated hazardous material (hazmat)

training to help them identify and protect themselves against potentially hazardous materials

and situations.

The new OSHA regulations are designed to align U.S. practices with the United Nations’

globally harmonized system of classification and labeling of chemicals. In the universal

system, for example, a signal word–such as “Danger” for more severe hazards, or “Warning”

for less severe threats–is used on labels, along with a variety of pictograms and hazard

statements describing the nature of the hazards. Labeling of hazardous materials must also

include first-aid measures to cope with a spill should one occur, as well as contact information

for the chemical’s manufacturer.

Report: Too Many Workplace Injuries (By Peter Hirschfeld, Rutland-Herald

Vermont Press Bureau – June 23, 2013)

State Auditor Doug Hoffer says Vermont is not doing enough to prevent the workplace

injuries that have cost taxpayers nearly $40 million over the past five years. A 55-page audit

unveiled by Hoffer’s office on Monday details a host of shortcomings at the Office of State

Employee Workers’ Compensation and Injury Prevention, the 15-person shop that oversees

workers’ comp issues for the more than 6,000 state workers.

From poor record collecting to a failure to review the underlying causes of many workers’

comp claims, Hoffer said the state is squandering opportunities to minimize injuries that

expose taxpayers to medical costs and employee compensation. “State government’s most

important asset is its workers, and they deserve a safe workplace,” Hoffer said. “In addition,

taxpayers have a right to expect the state to make the investments necessary to reduce

workforce injuries and related costs.”

Hoffer blamed understaffing at the Workers’ Compensation and Injury Prevention office for a

flawed system in which as many as a quarter of claims never get sufficient review. Even when

cases are reviewed, and recommendations made to prevent the recurrence of similar injuries,

Hoffer said, only about two-thirds of those plans are fully implemented by the departments at

which they are directed.

One likely reason for the problem, he said, is “ineffectual communication” between the

workers’ comp office and the departments in which incidents actually occurred.

Recommendations for workplace improvements, according to the audit, are often sent to the

Department of Human Resources. However, Hoffer said those reports do not always find their

way to the shop managers who would be able to install the proposed fixes.

“Nearly every incident represents an opportunity to implement a safer work environment and

reduce claims,” the audit found. “The results of the statistical sample indicate that (the Office

of State Employee Workers’ Compensation and Injury Prevention) is missing significant

opportunities to identify and recommend safety fixes.”

Secretary of Administration Jeb Spaulding said he appreciates Hoffer’s report and mostly

agrees with its findings. He said the audit has already spawned overdue reforms, including

heightened internal controls over access to sensitive data. “I think we run a good program in

our workers’ comp office, but there’s always room for improvement,” Spaulding said.

The audit found that six government entities — the Agency of Transportation, Department of

Corrections, Vermont Veterans’ Home, Department of Buildings and General Services,

Department of Public Safety and the now-closed Vermont State Hospital — accounted for

more than three-quarters of the 4,825 workers’ comp incidents reported between fiscal years

2008 and 2012.

Hoffer said the costs associated with workplace improvements are a primary barrier to their

implementation. He said those up-front costs, however, will yield future savings on payroll

expenses. The Workers’ Compensation and Injury Prevention office “appears to be

hamstrung by limited resources,” Hoffer said. “As we know, prudent investments in

prevention pay dividends over time, both for employees and the employer.” Hoffer said

adding more safety coordinators would be a good first step. The state workers’ comp office

currently employs only two coordinators, half the number it had in 2010 and a quarter the

staffing level recommended in a 2003 loss prevention study conducted by an outside

consultant.

Spaulding said the state will consider beefing up staffing and will conduct a cost-benefit

analysis before deciding whether to do so. Hoffer said the state also needs to improve vastly

its record-keeping system, flaws in which prevented his office from getting baseline data on

the types of injuries most responsible for workers’ comp costs.

Hoffer said a lack of internal controls has also heightened the risk for abuse or fraud. At the

time the audit was conducted, more than a quarter of the 46 people authorized to use the

database had “unfettered access” to every aspect of the system — access Hoffer said could

abet malfeasance by people looking to conceal fraudulent claims. Hoffer said his audit did not

examine the system for evidence of abuse or fraud.

According to the audit, 10 contractors had been granted the ability to authorize individual

payments and claim reserve amounts of up to $1 million. The program’s manager has since

restricted access levels for many of the people on the system, but Hoffer said the potential for

problems persists.

“The weak system access controls coupled with the lack of compensating controls means that

WCP is at high risk that inappropriate actions (intentionally or unintentionally) could be taken

by users,” the audit said.

Hoffer said lawmakers might want to consider undoing a state law that imposes a hard cap on

safety-related expenditures. The law limits investments in prevention to no more than 6

percent of annual workers’ comp claims, or about $480,000 annually, based on a rolling

average of claims over the past five years.

Hoffer said workers’ comp protocols differ state to state, making it difficult to see how

Vermont’s expenses compare with other jurisdictions.

What We Can Learn from the Virginia Tree Trimming Law (By Green

Industry Pros.com- July 15, 2013)

The following are insights from John Meola, CSP, ARM, a safety consultant with Invincia Insurancein

Richmond, VA.

The Virginia Occupational Safety and Health Department has created one standard for tree

trimming safety, while identifying best practices and simplifying training in the process.

In March 2011, the Virginia Occupational Safety and Health Department (VOSH) adopted a

new safety regulation called the Tree Trimming Standard. This new safety standard was

developed in response to a growing number of fatalities in the Commonwealth among tree

trimmers, arborists and landscapers trying their hand at tree work. The new standard took

about three years to develop and was a cooperative venture with the Tree Care Industry

Association (TCIA) and several Virginia tree service contractors.

VOSH is a state plan, which means that it operates much the same as OSHA does on a federal

level, provided that it equals or exceeds OSHA’s standards. Under the state plan provisions,

VOSH can develop new safety standards as it sees fit. In this case, the VOSH safety

regulators probably grew weary of attending coroners' inquests for all of the fatalities, and

decided that enough was enough.

Components of the Standard. The Tree Trimming Standard is a fairly straightforward

recitation of accepted safety practices associated with the residential and commercial tree

work industry. It was written so as not to conflict with the existing Logging and Land

Clearing Standards. Among its major sections:

Overhead electric line clearance

Climbing, limbing, directional felling

Use of bucket trucks, aerial lifts, ladders

Fall protection and prevention

Chainsaw safety

Chippers and stump grinders

Vehicle and equipment safety

Traffic and pedestrian controls

PPE, worker health

Safety and operator training requirements

Training and compliance. VOSH has made this tree-trimming standard an industry-specific

regulation, and has included safety practices for most common tasks under one heading.

Included in their list of free web-posted documents are bi-lingual training materials, quick

information cards, attendance sheets, and certificates of course completion. (Access the full

library.)

In the context of a safety standard, this regulation should be viewed as the gold standard for

tree trimmers. It addresses all of the typical risks and hazards the industry must deal with,

under one heading. It also tries to make compliance easier; the training links are all included

in the standard, in English and Spanish, thus removing one of the traditional excuses for not

doing the training.

Best practices are applicable to anybody, anywhere

While the new standard is an enforceable safety law in Virginia, we can all learn from it,

under the heading of Best Practices. Good safety management would recognize that the

absence of a safety regulation in another state does not translate into the non-existence of a

hazard. A chipper or stump grinder in Oklahoma is no less hazardous than one in Virginia.

Hence, it makes sense to at least review the applicable safety practices and adopt them—

usually through a mix of safety training, jobsite controls, and safety leadership from top

management.

One approach to learning from the VOSH standard is to select the sections of the law that

apply to your organization, and get them in front of your crews at a safety meeting. Be sure to

ask for their comments. Very often, employees will make some surprisingly insightful

comments.

A couple of elements in particular are universally applicable:

Reverse Signal. The insurance industry lists backing accidents as the No. 2 most common

motor vehicle accident (No. 1 is following too close/rear-end collisions). Backing accidents

with box trucks towing a chipper can be serious. When there are boots on the ground, they can

also be fatal. For this reason, VOSH has included their Reverse Signal standard into the Tree

Trimming regulation, and requires a spotter or for the driver to get out and look before

backing.

Traffic Control. The same logic applies to the Traffic Control requirement, which is in play

anytime work will be done on or around traveled roads. Best Practices tell us to adopt the

same logic for parking lots, private areas, residential complexes, etc. Signs, cone spotters and

flaggers are included in this part of the standard. Highway work-zone accidents cannot only

result inWorkers Comp losses, but now there is the third-party loss to contend with as well.

You must invest in safety

These preventive measures are fairly straightforward. Most are not particularly costly either.

We should ask ourselves if we plan to be in this business three to five years from now, and if

we are, then we should be making the investment in safety. And the VOSHTree

Trimming Standard is a good place to begin.

Managing the Rise of Baseless Whistleblower Retaliation Claims (By Richard

D. Alaniz, AccountingWeb.com – July 12, 2013)

In fiscal 2012, the US Department of Labor's Occupational Safety and Health Administration

(OSHA) reported that employees filed almost 2,787 whistleblower retaliation claims. This

number has been on the rise over the past few years, up from less than 2,200 in fiscal 2009.

OSHA frequently trumpets its successes in these cases; for example, it issued a press release

earlier this year after a signalman with Chicago's Metra commuter railroad line was awarded

$38,080 for overtime, interest, compensatory damages, and attorney's fees.

"An employer does not have the right to retaliate against employees who report safety issues,"

said Nick Walters, OSHA's regional administrator in Chicago, in a press release. "When

employees can't report safety concerns on the job without fear of retaliation, worker safety

and, in this case, passenger safety on Metra, becomes a serious concern."

What Walters did not say in the press release – what OSHA hardly ever says except in the

"Statistics" section of its website – is that this type of finding is the exception, not the rule. In

fact, according to OSHA's own statistics, a mere 2 percent of claims were found to merit

agency action.

Despite the fact that only 45 of the 2,787 cases fall into the "merit" category (1,665 were

dismissed, 565 were withdrawn, and 592 were settled), employers still must spend a great deal

of time and money fighting these types of claims before they are withdrawn or dismissed.

In order to properly respond to meritless whistleblower retaliation claims, companies need to

understand trends and developments in this area. They must also know how to respond if one

of their employees claims retaliation.

OSHA and Whistleblower Laws

According to the Occupational Safety and Health Act of 1970 (OSH Act), employers must

provide a "safe and healthful workplace." Along with the OSH Act, Congress has expanded

OSHA's whistleblower authority to protect workers from discrimination under twenty-one

different federal laws.

According to OSHA, possible retaliations of employees can include:

Applying or issuing a policy which provides for an unfavorable personnel action due

to activity protected by a whistleblower law enforced by OSHA

Blacklisting

Demoting

Denying overtime or promotions

Disciplining

Denying benefits

Failing to hire or rehire

Firing or laying off

Intimidation

Making threats

Reassignment to a less desirable position, including one adversely affecting prospects

for promotion

Reducing pay or hours

Suspension

Once an employee files a retaliation complaint, OSHA will launch an investigation. In order

to prove that retaliation took place, OSHA must determine that the employee engaged in

protected activity; the employer knew about or suspected the protected activity; the employer

took an adverse action; and the protected activity motivated or contributed to the adverse

action.

If the "evidence supports the employee's allegation," and the parties do not settle, the agency

will usually issue an order requiring that the employee be reinstated, back wages paid,

benefits restored, and other possible remedies "to make the employee whole." Employers may

contest the order.

Under some of the laws OSHA enforces, companies must immediately comply with the

reinstatement order. When employees bring cases under the OSH Act, the Asbestos Hazard

Emergency Response Act, or the International Safe Container Act, the Secretary of Labor will

file a lawsuit in federal district court to obtain relief.

Changing Whistleblower Protections

OSHA's whistleblower programs have come under fire recently. In 2012, following reports by

the Government Accountability Office that found problems with transparency, accountability,

training, internal communications, and audits, OSHA made some dramatic changes. Those

included restructuring the whistleblower program and reworking program policy, training,

and internal systems.

The Department of Labor has also established the Whistleblower Protection Advisory

Committee to advise and make recommendations to the Secretary of Labor and the Assistant

Secretary of Labor for Occupational Safety and Health on ways to improve the fairness,

efficiency, effectiveness, and transparency of OSHA's administration of whistleblower

protections.

The committee, which first met in January, is supposed to provide insights from both

employers and employees. "Protecting workers who identify wrongdoing is an essential

cornerstone of the US Department of Labor's worker protection enforcement efforts," said

then-Secretary of Labor Hilda L. Solis last December when committee members were named.

"The members of the whistleblower committee, who represent the interests of labor,

management, and the public, will utilize their expertise to provide valuable advice and

recommendations to help OSHA strengthen and improve our whistleblower protection

program."

Next Steps

For employers, the rise of meritless whistleblower retaliation claims represents a worrisome

trend from a legal, cost, and reputational standpoint. Responding to these types of claims is

time consuming and often stressful. Companies that find themselves accused of retaliating

against whistleblowers can face devastating PR.

A proactive approach to avoiding these types of claims, and a swift response if they are filed,

is the best way to minimize or entirely avoid issues.

Review existing whistleblower policies. Companies should consider OSHA's

renewed emphasis on whistleblowing a wake-up call. Companies should review their

existing whistleblowing policies and update them wherever necessary.

Develop a multidisciplinary approach. Whistleblowing claims touch on a number of

different functions, including Legal, HR, and Compliance. Representative from these

groups should meet regularly to review whistleblower claims, share information and

provide feedback to each other.

Depersonalize the process. When hit with a whistleblower claim, companies should

have two separate sets of priorities – delving into the claim itself and ensuring that the

employee blowing the whistle does not suffer retaliation.

Since whistleblower claims often take on a personal nature for employees and managers,

creating a layer between the complainant and direct supervisors may actually help companies

respond faster and keep things professional.

If companies do not allow anonymous reporting of claims, they should implement such a

process immediately. It could be as simple as an old-fashioned suggestion box, where

employees can leave notes. For other organizations, setting up an 800 number, allowing

employees to send anonymous e-mails, or allowing complaints to be filed on the corporate

intranet may encourage more responses.

Large companies, or companies in industries that tend to get large numbers of complaints,

may want to consider hiring a third party to receive and investigate claims. This can help

minimize any real or perceived attempts at retaliation.

Companies that specialize in this type of work should also be able to provide invaluable

insights into the latest tools, trends, and regulations around whistleblower issues and potential

trouble spots for retaliation.

Respond promptly and leave a paper trail

Once the company becomes aware of an employee's identity as a whistleblower, it needs to

take immediate action to ensure that the whistleblower is not retaliated against. This means

that the whistleblower is not treated any differently than before the claim, or less favorably

than coworkers in similar positions.

If an employee needs to be disciplined for violating company rules or procedures that lead to

an injury or illness, managers need to tread carefully. Involving HR, the legal department, or

outside counsel immediately can help ensure that all disciplinary actions are appropriate and

well documented.

Documentation becomes even more important when whistleblowers face disciplinary or other

actions not related to their claim. For example, a whistleblower may be part of an entire

department that has its hours cut or may be docked in pay for chronic tardiness. In these types

of situations, the company must be careful to ensure that the whistleblower is not treated

differently than anyone else in the identical or similar situation. Supervisors must also be sure

to create a record of events that led to the action. A whistleblower who has already filed some

type of claim against the company may be more willing to do so again, or may claim

retaliation where none exists.

Regardless of the situation, managers and supervisors need to carefully document every action

they take as well as explain why particular actions are taken. This will help employees

understand why they were disciplined. It will also help the company prove its case to OSHA

or the courts if the employees attempt to claim they were retaliated against.

Even though a disturbingly large number of whistleblower retaliation claims have no basis,

companies can pay a huge price when one is filed. Being proactive and prepared can

minimize the fallout.

Professional Development Insights: Tips on Turning Followers Into

Leaders (The Presentation Excellence Group – June 10, 2013)

Turning followers into leaders is not easy. An entire culture needs to change and the process

requires attention to detail so there are neither gaps nor slippage. Imagine doing so for an

organization in which the Command-Follower culture has been ingrained for centuries. Now,

imagine doing so in a confined environment, where the risks of even temporary failure can be

fatal.

Turn the Ship Around is the story of (Retired) U.S. Navy Captain L David Marquet’s effort to

change the command-follower structure within his nuclear submarine, the Santa Fe, into one

which creates leader-leader relationships at all levels. Why did he decide that the leadership

model needed to be changed? One day, he gave an impossible-to-fulfill order to a Lieutenant,

who then relayed it to the helmsman to act upon – who simply froze. Learning that the order

was impossible, he asked why his Lieutenant relayed the order and he responded, “because

you told me what to do” – in other words, I obey commands.

In a culture where sailors are taught to do “whatever command-leaders tell me to do”,

significant change –changing this DNA – requires meaningful, symbolic small changes in

communication and interpersonal relations that constantly are reinforced. The book describes

steps taken to change the leadership culture – shifting who has control, increasing everyone’s

competence, and developing greater clarity in communications. The results: the Santa Fe went

from being one of the worst ships in the fleet to one of the best. Moreover, it produced a

disproportionately larger number of future captains than other ships. A few of these changes

include:

Reducing command control by empowering subordinates to “own” their actions.

Instead of a leader telling others on what to do, each crewmember was encouraged to

stop being a passive follower and become an active participant working with his

leader. This meant changing the language from “disempowered phrases” that passive

followers us, like “Request permission to…” or “Do you think I should..” to “ I intend

to..” or “I plan to..” and then receive the leader’s agreement such as, “Very well” or

“Good idea.”

Create greater competence and accountability through “deliberate action”. Marquet

understood that “mistakes just happen” often, describes situations in which people act

automatically when attention to detail would have demanded a different action. In

other words, the error is not one on knowledge of skill, but rather concentration. For

instance, when a person is already thinking of the next step in a process, they may

make an error in the current step. The solution was getting people to take deliberate

action: get each operator to pause and vocalize before taking the action. This allowed

him to confirm his level of competence in the action and allowed adjacent operators to

step in and correct mistaken actions before they are taken – thus reducing the chance

of error. The value of this came during an inspection where the Santa Fee received the

highest grade ever and the inspector noted “crew members tried to make the same

number of mistakes as everyone else; but the mistakes never happened because

deliberate action led the operator or a teammate to correct the behavior.”

Don’t brief, certify. When a leader briefs his people on what they should do, it’s a

passive activity in which the expectation is that “because I said it, you should now

know it”, but no-one knows. All too often people walk away without a full

understanding. This can be especially dangerous in a nuclear submarine! Therefore,

before an operation could be implemented, crewmembers attended a

certification session where they had to answer key questions to prove they understood.

This shifts responsibility to the listener.

Recognize the need for a matching set of changes by the leader. To empower the

crewmembers, the leader has to resist the urge to provide solutions or else members

will not have the space to acquire and practice open decision-making.

Continually and consistently, repeat your messages of empowerment. To change a

culture in which people have been often blindly following leaders, you need to

reinforce the messages over and over. Indeed one mechanism that reinforces this is to

create peer-to-peer systems, which the members can use to monitor people’s actions,

instead of using traditional top-down evaluation systems.

That Bad Boss May Be Toxic to Your Family, Too (By Lisa Esposito, Philly.com

– July 9, 2013)

When workplace stress spills over into your personal life, your family's well-being can also suffer, new

evidence suggests.

A recent conference on work, stress and health, sponsored in part by the U.S. National

Institute for Occupational Safety and Health, included research on family-supportive

workplaces and the influence of supervisors -- good or bad -- on employee health. "Survey

results vary, but you can find that large numbers of individuals report that work is the biggest

source of stress in their life," said Michael Ford, an assistant professor of psychology at the

University at Albany-State University of New York. "At the same time, everybody has a life

outside of work," Ford said. "So we need to continue to understand how this affects the

psychological and physical well-being of the population as well. I think it's something that a

lot of people can relate to."

Another presenter at the Los Angeles conference explained that when it comes to work-

related stress, health consequences are wide-ranging. Leslie Hammer is a professor of

psychology at Portland State University in Oregon, and director of the Center for Work --

Family Stress, Safety and Health. "With high levels of job stress and work-life stress, we see

mental health problems," Hammer said. "We see increased levels of depressive symptoms.

We also see increased levels of negative health outcomes. Cardiovascular disease has been a

clear link with job strain. We see obesity problems. We see general physical health

complaints." Positive health behaviors can fall by the wayside, she added. "When people are

stressed at work, when their supervisors are really not supportive around work-life issues, we

are seeing more negative health behaviors in the sense of poor food choices, lower levels of

exercise, poor sleep hygiene," Hammer said.

Work stress takes a toll on relationships as well. "Marriage quality is definitely impacted,"

Hammer said. "That relationship quality goes down. When one experiences negative

stress/strain, work-life stress that ends up crossing over to their partner or spouse or children,

and it results in similar stress and strain among those family members." In Ford's study

comparing American and Chinese workplaces, he found that people in supportive work

environments tend, in turn, to be more supportive of their spouses. Hammer said, "In the

research literature there's correlational evidence that when parents are more stressed, kids are

more stressed. Kids experience that stress, and it comes out in terms of health compliance, it

comes out in terms of behavioral difficulties."

Managers and supervisors are a primary source of work support -- or work stress. "Lack of

support or abusiveness of the supervisor can spill over into home life, both in terms of the

time and energy that it takes away from people, but also if it affects their mood," Ford said.

"That can, of course, potentially affect the life of your family members." What separates good

and bad supervisors? An unsupportive manager, Hammer said, "will have a complete

disregard for workers' own non-work needs." "Sometimes bad bosses post schedules at the

last minute so that people who have family responsibilities or non-work responsibilities --

anything, not just family -- have to readjust their whole non-work lives around their work

schedules," she said. "When supervisors basically don't allow for schedule control and control

over work that leads to high levels of stress."

Hammer and colleague Ellen Kossek at Michigan State University train supervisors to be

more family-supportive and are completing large-scale research on the training's effects.

"First of all, training focuses on providing emotional support," Hammer said. "Teaching

supervisors [that] simply listening to your employees and paying attention and showing that

you care is incredibly helpful. It's not rocket science, but what we find is many supervisors

don't do these things." The training starts with a workforce survey, which usually reveals a

disconnect: When it comes to work-family conflict, managers tend to think they are more

supportive than workers perceive them to be. Supervisors can contribute to a healthier

atmosphere by demonstrating their own work-life balance "in the sense that they are taking

care of their own work, life and family integration and that, for example, they take time off to

go to their kid's basketball or baseball game," Hammer said. One challenge is convincing

organizations that being family-supportive means the work still gets done.

"Employers are paying for health care and employers are taking a hit when workers are

absent, and what we see are higher levels of stress related to higher levels of absenteeism and

higher levels of health complaints and health problems," Hammer said. "Employers can be

paying attention and understanding what they can do to help alleviate that stress. It will help

their bottom line as well as help employees' health and well-being outcomes."

Labor Commissioner Berry Says NC Small Businesses Hurt By Some

Federal Regulations (By Laura Finaldi, NewsObserver.com – July 29, 2013)

Regulations proposed by government agencies pose huge time, labor and financial challenges

to small businesses that could prevent them from hiring workers, Labor Commissioner Cherie

Berry said Monday. At a press conference at L.G. Jordan Oil in Apex, Berry discussed the

implications of existing and proposed federal regulations on the state’s small businesses,

specifically those from the Occupational Safety and Health Administration.

OSHA is responsible for adopting and enforcing rules designed to ensure safe working

conditions, and the agency requires states to do inspections and hold safety training and

education programs. Berry, a Republican, said the agency has become too focused on

violations.

“We were all concentrating on education and training because we believe that’s the way to

have a safe work environment, to make sure everybody understands what they’re required to

do and the way they need to do it,” Berry said. “Federal OSHA wants them to concentrate on

penalties and citations, even though there’s no evidence that those things work.”

She was joined on a panel by Gregg Thompson of the National Federation of Independent

Business’ North Carolina branch, and by Larry Jordan, a former legislator and the owner of

L.G. Jordan Oil. The panel discussed the implications of regulations such as the National

Labor Relations Board’s “poster rule” requiring small businesses to hang a poster in the

workplace notifying employees of their right to join a union. Since many small businesses,

especially those in rural areas with as few as two or three employees, are required to comply

with this rule, it leads to a lot of unnecessary and burdensome citations, Thompson said.

“If they don’t get the word, if a regulator comes in and they don’t know about it, then they’re

going to be fined for it,” he said. “For small businesses, it’s a burden.”

They also discussed an Environmental Protection Agency lead renovation and repair rule

that’s in place to protect people from lead-based hazards associated with renovations or

painting, and a proposed U.S. Department of Agriculture Fowl Rule, which would require

American chicken farmers to prove the identity of each chicken as they cross state lines.

Jordan, a former state legislator, said keeping up with regulations became too difficult for his

staff, so they had to hire a consultant to keep up with them. That service costs them $7,000

initially, without paperwork fees, he said.

“Some of them are possibly good requirements, but they’re just overboard with them. They’re

not thinking of the cost on small business people,” he said.

The regulations would apply to each of North Carolina’s small businesses across all

disciplines, Thompson said.

OSHA regulations require states to either develop their own occupational health and safety

plans or follow federal guidelines. Since North Carolina is one of 22 states with its own plan,

it gets about $5.5 million annually from the federal government for its program.

Fishing Fatalities Prompt Discussions on Safety (By CBCNews Nova Scotia – July

25, 2013)

The Fishing Safety Association of Nova Scotia is concerned about the high number of deaths

on Nova Scotia's waters and says a strategy is needed to reduce the number of fatalities. "It's

dark and gloomy and it's sad," said Stewart Franck, the executive director of the Fisheries

Safety Association of Nova Scotia. "At the same time it needs to be a motivator, to know that

we need to do more, we need to be faster at getting the message out there."

According to the Workers' Compensation Board of Nova Scotia, 41 people across the country

died in workplace incidents at sea between 2000 and 2010. During that same time period, 19

people died fishing in Nova Scotia — meaning the province had just under half of the

country's fishing fatalities.

There have been eight fishing-related deaths in Nova Scotia so far this year, with the most

recent one earlier this week when a 55-year-old fisherman suffered fatal injuries after falling

from the crow's nest — a structure with a fixed ladder in the center of the vessel. Paul Vernon

"Brex" Malone, from Lower East Pubnico, was on the ladder of the sword fishing boat Savana

& Jax when he fell and died as a result of his injuries.

Franck said his association has been working with the province's Workers' Compensation

Board for the past couple of years to try to improve safety for fishers by changing attitudes

among them that some deaths are preventable. Franck said although he's met with some

resistance, the more he talks to fishermen at the wharf the more he senses change. "We are

seeing and hearing about more people wearing safety gear," he said. "On dumping days there

are more and more fishers and fishermen that are wearing their personal floatation devices."

The Workers' Compensation Board of Nova Scotia said most fatalities happen less than 50

kilometres from shore, and trap-based industries like lobster and crab — which are common

in Nova Scotia — have the highest fatality counts.

Lessons Learned: Arkansas Poultry Plant Cited For 11 Safety Violations

(By abc7KATV – July 30, 2013)

A southwest Arkansas poultry plant has been cited with 11 safety violations by federal safety

regulators. The plant owned by Pilgrim's Pride Corporation also faces proposed penalties

from the U.S. Department of Labor's Occupational Safety and Health Administration totaling

$170,000 for reportedly exposing workers to hazardous chemicals.

OSHA's Process Safety Management (PSM) Covered Chemical Facilities National Emphasis

Program has a detailed set of requirements and procedures employers must follow to address

hazards proactively that are associated with processes and equipment that use large amounts

of hazardous chemicals. In this case, it's the use of anhydrous ammonia in the refrigeration

system.

Their inspection of the De Queen plant started in January. The first $70,000 of the proposed

fine comes from what inspectors found to be a willful violation by the company for not

documenting that the emergency shutdown system for the engine room was designed to

ensure that the mechanical ventilation system was activated by an ammonia leak.

A willful violation is one committed with intentional, knowing or voluntary disregard for the

law's requirements, or with plain indifference to worker safety and health. The nine serious

violations, with a $61,500 fine, were cited for PSM deficiencies of the relief valves and

failing to provide process hazard analysis, operating procedures, testing procedures and

management of change procedures. A serious violation occurs when there is substantial

probability that death or serious physical harm could result from a hazard about which the

employer knew or should have known.

The repeat violation, with a fine of $38,500, was cited for failing to ensure the adequate

frequency of self-inspections and tests of ammonia refrigeration equipment and vessels. A

repeat violation exists when an employer previously has been cited for the same or a similar

violation of a standard, regulation, rule or order at any other facility in federal enforcement

states within the last five years. A similar violation was cited in 2011.

"Process safety management prevents the unexpected release of toxic, reactive or flammable

liquids and gases in processes involving highly hazardous chemicals," said Carlos Reynolds,

OSHA's area director in Little Rock. "It's vital that Pilgrim's Pride ensure safeguards are in

place to protect the safety of workers at its work sites."

The citations can be viewed by clicking here and also here. The company, headquartered in

Greeley, Colo., employs about 1,400 workers at the De Queen plant. It has 15 business days

from receipt of the citations and penalties to comply, request an informal conference with the

area director or contest the findings before the independent Occupational Safety and Health

Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace

hospitalizations, fatalities or situations posing imminent danger to workers, the public should

call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Little Rock office at

501-224-1841.

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 ensure these

conditions for America's working men and women by setting and enforcing standards, and

providing training, education and assistance. For more information,

visithttp://www.osha.gov.

Lessons Learned: DOL Has Ordered Metropolitan Aviation To Reinstate

Pilot And Pay Damages (By Mike Mitchell, AvStop.com Aviation Online Magazine –

July 30, 2013)

The U.S. Department of Labor's Occupational Safety and Health Administration has ordered

Metropolitan Aviation LLC to reinstate a pilot after a whistle blower investigation determined

the Manassas, VA. based air carrier violated the pilot's rights when he was fired.

The pilot with 24 years of flight time and who is also a licensed FAA aircraft mechanic

(A&P) reported that he had departed Teterboro, NJ on June 17, 2010, with four passengers in

the company’s Hawker 800 aircraft.

20 minutes into the flight the pilot heard a loud bang that sounded like it came from the tail

section of the aircraft, the aircraft began to vibrate, "I mean, the whole airplane shook," said

the pilot and then a warning light came on which indicated the rear bay was overheating.

The pilot declared an emergency with air traffic control and landed at State College airport in

Pennsylvania. The pilot said “We did everything by the book. We landed that airplane safely,

and everybody walked away”. The pilot contacted his employer, Metropolitan Aviation and

informed them of the emergency and that he had landed at State College airport.

The pilot states he was ordered to fly the aircraft back to Manassas Regional Airport for

repairs by company mechanics. The pilot reported that an FAA aircraft mechanic checked the

aircraft and determined the aircraft was not airworthy. The pilot refused to fly the aircraft

back and within days of the emergency landing the pilot states he was fired for not flying the

aircraft. However, the Company reported the pilots firing was not due to the pilot not flying

the aircraft but it was due to performance issues and poor judgment.

The pilot filed a complaint with the FAA and the Department of Labor (OSHA). The pilot

complaint with OSHA alleged retaliation for a protected activity under the Wendell H. Ford

Aviation Investment and Reform Act for the 21st Century, the aviation industry whistle

blower law known as AIR21.

The FAA conducted an investigation and found no wrong doing by the company. "The FAA

has completed its investigation of the safety allegations contained in your complaint. This

investigation has not established a violation of an order, regulation, or standard relating to air

carrier safety. Therefore, the FAA is closing its investigation concerning these allegations."

However, OSHA's Philadelphia Regional Office found merit to the pilot's complaint. "Pilots

are protected by law when they refuse to fly an aircraft determined to be unairworthy," said

MaryAnn Garrahan, OSHA's regional administrator in Philadelphia. "Air carriers that retaliate

against employees for exercising their rights under AIR21 will be held accountable."

As a result of OSHA's findings, the company was ordered to pay back wages in the amount of

more than $140,000 for the period from June 30, 2010, through June 30, 2013. Thereafter, the

company will pay at a rate of $797 per week until it has made the complainant a bona fide

offer of reinstatement. The company was also ordered to pay compensatory damages in the

amount of $75,000. Additionally, OSHA ordered the air carrier to take other corrective action,

including expunging the complainant's termination and any reference to the exercise of his

rights under AIR21 from his employment records, and the posting and providing to its

employees information on their AIR21 whistle blower rights. OSHA also ordered

Metropolitan Aviation to pay attorney's fees and interest on the back wages.

Metropolitan Aviation began operations in November 2006, as a jet charter operator. The

company is based out Manassas Regional Airport, Manassas, Virginia. Metropolitan Aviation

operates heavy jets, mid cabin, light jets and turbo prop aircraft. Alan Cook is the company’s

Chief Executive Officer.