Posted By Brandy King
October 28, 2024 Category: Osha, Top Ten, Most Cited, Violations, Fall Protection, Ppe, Respiratory Protection

OSHA released its annual Top 10 list of most cited workplace safety standards earlier this month at the National Safety Council Congress & Expo in Orlando, Florida. The violations making it into the top 10 are the same as last year, but their respective place in the top 10 may have changed. On the bright side, most categories saw fewer violations in the last year, compared to the prior year’s data. Respiratory protection and PPE were the two categories that saw increases, and these violations are avoidable with the right knowledge, programs, and enforcement in place.   Many employers don’t realize that they need to provide respiratory protection to employees in certain roles. Check out our blog on respiratory protection programs to get an idea of what’s involved.  The list reflects violations from October 2023 through September 2024, and is based solely on federal OSHA data. For yet another year, Fall Protection (general requirements) was #1 with more than double the violations of the next largest category, and hasn’t moved from that spot for 13 years.  1.    Fall Protection – General Requirements: 7,271 violations 2.    Hazard Communication: 3,213 3.    Ladders: 2,978 4.    Scaffolding: 2,859 5.    Powered Industrial Trucks (1910.178): 2,561 6.    Lockout/Tagout (1910.147): 2,554 7.    Respiratory Protection (1910.134): 2

Posted By Brandy King
September 24, 2024 Category: Hazcom, Osha, Ghs, Compliance, DOT, Safety Update

OSHA Issues Final Rule on HazCom Standard to Align with Revised GHS In July, OSHA’s final rule on the Hazard Communication Standard for classifying and labeling chemicals went into effect, and will be phased in over a four year period. Changes were made to the standard so that it will align with the 7th revision of the UN’s Globally Harmonized System (GHS), and will impact chemical manufacturers, importers, distributors and employers utilizing hazardous chemicals.  The updated standard includes changes to definitions that will impact labeling, handling and classification of hazardous chemicals. Here are some high points:  •    Additions the definition of Bulk shipment, Combustible dust, Gas, Immediate outer package, Liquid, Physician or other licensed health-care professional (PLHCP), Released for shipment, and Solids.   •    Clarifications to the definition of Exposure or Exposed, Pyrophoric gas •    An addition to Section (f)(5) Transportation clarifying labeling for bulk shipments and pictograms to align with Department of Transportation (DOT) requirements. This solves the issue of having to use both HCS and DOT pictograms for the same hazard. •    Smaller containers may utilize special labelling. Capacities under 100 ml will have minimum labeling requirements of a product identifier, applicable pictograms, signal word, manufacturer’s name and phone numb

Posted By Brandy King
July 24, 2024 Category: osha, heat standard, heat illness, regulatory update, safety, case law, loper bright

Late June and early July saw two important regulatory-related updates, one of which could potentially impact the other. First, on June 28, 2024 – the U.S. Supreme Court issued a ruling in Loper Bright Enterprises vs. Raimondo that may change who is responsible for interpreting laws and regulations issued by a government entity.  Prior to June 2024, the US Supreme Court was guided by the 1984 ruling in Chevron vs. Natural Resources Defense Council Inc – which determined that the agency that created the statute in question would be deferred to on interpretation, unless Congress had specifically addressed it previously. This has since been called the “Chevron Deference.” Following the June 28th Loper Bright ruling, the judicial branch will have the power to interpret such statutes. This change in administrative law could impact any employer that is subject to government regulations, including matters involving OSHA.  Speaking of OSHA, they made headlines again in July as the proposed heat illness rule was finally made public. If you’re unfamiliar with the rulemaking process, it can still take another year or more for this proposed rule to become a reality that employers must comply with. Once the proposed rule is officially published in the Federal Register, it will then be open to commentary from interested parties for 120 days.  However, it’s important to note that OSHA still has a National Emphasis Program (NEP) on heat i

Posted By Brandy King
February 22, 2024 Category: Osha, Safety, Osha Citation, Osha Inspection, Osha Investigation,

Some of the calls and emails we receive from Spooner clients may be preventive and simple, others can be panicked, and everything in between. One of the things that sets Spooner apart is that we don’t just have a safety services team – we encourage our clients to take advantage of those services. We offer a 24/7 OSHA-Safety hotline to all of our clients, we can assist them in OSHA informal conferences, and we advise them to call us right away when OSHA is involved (or will be). The knee-jerk reaction for many people is to just start talking when OSHA shows up, announced or not. We’d recommend contacting us and/or your attorney before doing anything else. If you don’t have an attorney that is well-versed on labor and employment law, we can connect you with one. This isn’t something for your tax or real estate attorney to handle. There’s no need to make any admissions of guilt during the inspection. The importance of understanding the OSHA process and your rights before they come knocking can’t be overstated. Every inspector will present differently, but they’re always trying to get information – that’s their job. Regardless of what they find during the inspection, there’s a good chance the employer may have recourse in negotiating a settlement better than the “as written” citation.  It’s not unusual for our safety team to assist clients in getting a case dismissed before it even reaches

Posted By Brandy King
February 22, 2024 Category: Ergonomics Assessment, Ohio Ergonomic Consultant, Injury Prevention, OSHA

Ensuring the wellbeing of your employees is not only a moral imperative, but also a strategic advantage.  One critical aspect of workplace safety often overlooked is ergonomics—the science of designing workspaces, tools, and processes to fit the capabilities and limitations of human workers.   Why should you invest in ergonomics assessments? Reduced Workplace Injuries: Ergonomics assessments identify potential hazards related to repetitive tasks, awkward postures, and heavy lifting.  By addressing these issues proactively, you can significantly reduce the risk of musculoskeletal injuries, strains, and sprains among your workforce. Enhanced Productivity: When employees work in comfortable and efficient environments, productivity soars.  Ergonomics assessments optimize workstations, minimizing unnecessary movements and streamlining processes.  A well-designed workspace allows employees to focus on their tasks without discomfort or fatigue. Cost Savings: Workplace injuries lead to lost productivity, medical expenses, and workers’ compensation claims. Investing in ergonomics proactively can prevent these costs in the future.  Moreover, a safer workplace attracts and retains skilled workers, reducing turnover expenses. Compliance and Legal Requirements: Regulatory bodies are increasing their scrutiny of ergonomics.  OSHA doesn’t yet have a specific standard for ergonomics, but you’ve probably heard about the numer

Posted By Brandy King
January 17, 2024 Category: OSHA, Electronic Recordkeeping, Form 301, Form 300, OSHA 300A, Safety, Incident Reporting, Compliance

It’s time to post and electronically submit your OSHA logs - and this year, submission requirements will impact far more U.S. employers. We discussed this in detail when the rule was finalized in July 2023. Effective January 1, 2024, OSHA will require employers with over 100 employees in certain high hazard industries to complete electronic records submissions of Forms 300 and 301, in addition to Form 300A. These are records that covered employers should already be keeping, but previously have not been required to submit. The impacted industries include (but aren’t limited to) retail, wholesale, performing arts, manufacturing, farming, and grocers. Our safety team agrees that the fastest, easiest way to find out your company’s submission requirements is to use this ITA Coverage Application. Enter your company’s NAICS code and employee count, and it will confirm which logs should be submitted. As a general guide: 20-249 employees and on this list must submit 300A 100 or more employees and on this list must submit the 300A, 301 and 300 log.  Employee count is “per establishment,” not entire corporation size. So, what is OSHA’s definition of an “establishment?” An establishment is a single physical location where business is conducted, or where services or industrial operations are performed. For activities where employees do not work at a single physical location - such as construction, transportation, communication

Posted By Brandy King
November 27, 2023 Category: NLRB, NLRA, OSHA, Compliance, Regulatory Agencies, Safety

The National Labor Relations Board (NLRB) announced on October 31, 2023 that they’ll be strengthening their partnership with OSHA on referrals, sharing information, training, and outreach. The Memorandum of Understanding allows OSHA and NLRB to work together more efficiently to enforce labor laws and protect the rights of workers.  Assistant Secretary for OSHA Doug Parker stated, "Everyone should be able to exercise their legal rights in the workplace without fear of losing their job or other forms of punishment.” He noted that the partnership will expand the capacity of both agencies to protect workers raising concerns about workplace violations or retaliatory activity. This arrangement is likely to increase overall understanding of workers’ rights under federal anti-retaliation and whistleblower protection laws. The two organizations have built a fact sheet to help workers understand their rights and what recourse they have and what recourse they have if those rights are infringed upon. You can find that fact sheet here.   It shouldn’t be news to employers that you can’t (and shouldn’t) retaliate against employees for exercising their rights when it comes to workplace safety. If you don’t already have this poster alongside all of your other required communications to employees, you can order one for free here. We’re sharing the news of this partnership because it stands to amplify the already aggressive stan

Posted By Brandy King
August 25, 2023 Category: osha, osha NEP, workplace safety, forklift operator, warehpuse, distro, amazon dsp, courier service, parcel service

In July, OSHA announced the beginning of a three-year National Emphasis Program (NEP) focused on the warehousing industry. The NEP will also encompass mail and parcel processing, local delivery services, and high-risk retail workplaces. Assistant Secretary of Labor Doug Parker said in a statement that OSHA’s enforcement efforts are “designed to do one thing: lead to permanent change in workplace safety.” The agency will select establishments (based on criteria outlined in the NEP) for in-depth safety inspections that zoom in on the aspects of material handling, means of egress, powered industrial truck operations, fire protection and walking/working surfaces. The inspected establishments will be chosen from both companies with industry codes encompassed in the program, as well as retail establishments with high injury rates, especially those resulting in lost work days (high DART rates).  The number of U.S. employees in the warehousing and distribution center industries has more than doubled in the last ten years, accounting for nearly two million workers across the country. A lot of that growth can be attributed to things like rising consumer demand along with Amazon’s continued growth (which was meteoric during COVID). COVID caused a surge in consumers preferring goods to be dropped at their door, which drastically increased the numbers of not only first-leg drivers, but “last-mile” drivers

Posted By Brandy King
July 21, 2023 Category: Safety Consulting, Osha, Osha Compliance, Osha Inspections, Informal Conference, Citations, Loto, Safety Training

Things aren't slowing down at OSHA. If you feel like they've been mentioned in the news a lot lately, that's because they're keeping very busy. Workplace safety enforcement has added significant manpower and has been much more active than in previous years. Inspections have increased in number, as well as in breadth and depth, which is why it’s a great time to give your company a safety tune-up. There have been plenty of other regulatory distractions for management teams in 2023, which may have led to a reduction in attention to detail with required safety compliance programs. Pair that with the current OSHA administrator's aggressive background as the chief of Cal-OSHA, and your company should have a renewed desire to review OSHA compliance matters. This should include all of your written programs, as well as sub-elements under those programs.  When is the last time you updated your health & safety written programs?  When is the last time you checked to ensure all of your training is up to date and documented? When is the last time you completed a safety walk-through of your facility, with corrective action taken for any identified discrepancies? What are your compliance weaknesses? (Maybe you're not even sure) What are the underlying safety deficiencies contributing to your workplace injuries, leaving you vulnerable to OSHA penalties, and what are you doing to correct those issues?   These a

Posted By Brandy King
June 14, 2023 Category: osha, mandate, heat illness, heat stroke, safety, inspections, NEP, heat stress

Let’s not forget that OSHA’s Heat Illness Nation Emphasis Program (NEP) is still going strong. On days that the National Weather Service issues a heat warning or advisory for certain areas, expect OSHA to be making rounds and doing inspections in 70+ indoor and outdoor industry settings that are considered high risk for heat illness.  A study was recently published in International Journal of Environmental Research and Public Health using data reported to OSHA. The research team found that 3% of all injuries and fatalities were exertion related – and of those, a staggering 89% were heat-related. Unsurprisingly, industries associated with outdoor work like construction, agriculture, and farming show heat as being a significant occupational danger – but the stats are also high for assembly line workers. Even today, many indoor industrial environments like warehousing, and production and assembly lines, don’t have A/C throughout their entire facility. Office areas will typically be cooled - but where most of the workers are concentrated, they rely on large ceiling fans, air circulation provided by open windows and loading docks, as well as personal cooling devices brought by the employees themselves.  Much like work-related falls, heat illnesses are preventable. As an employer, you have a responsibility to provide rest, water, and shade to employees, allow new workers to acclimate to the heat in short bursts, monitor staff for signs of