OSHA Updates Safety Resources To Prevent Construction, Other “Top 10” Exposures

December 5, 2011

Construction Exposures OSHA Exposure For Most Businesses Including Those In Construction

Construction industry as well as other employers need to watch key construction safety risks. 

Construction industry employers get high scrutiny of their safety and injury experience and practices because of high injury incidents coming from these risks.  However, you don’t have to be in the construction industry to be exposed to construction and building related risks that are common source of workplace injury and OSHA citations.

While continuing to keep the heat up on enforcement, the Occupational Health & Safety Administration (OSHA) recently released new and updated educational brochures and a series of new QuickCards it intends to promote worker safety in these and other areas. 

With construction and related activities continuing to be a lead source of injuries, the Occupational Health & Safety Administration (OSHA) is taking steps to promote better safety compliance in relation to construction and other common accident sources as well as continuing to zealously enforce OSHA citations and other remedies against businesses breaching these and other safety responsibilities.  As virtually all employers, including but not limited to those in construction or similar industries have workers performing construction related tasks, all employers should check the updated and existing safety requirements involving these actions and take other steps to manage these and other highlighted exposures. 

Construction, Other Safety Education & Resources Updated

Focusing on worker safety in the construction, general and maritime industries, OSHA recently released new and updated educational brochures and a series of new QuickCards on worker safety.  These materials available here include workers’ rights, employer rights and responsibilities following an OSHA inspection, construction industry digest, small entity compliance guide for respiratory protection standard and laboratory safety guidance.  These new resources are part of a broad range of worker health and safety guides, standards and related materials published by OSHA covering a broad range of industries.

The emphasis on these industries is based in part on the high injury incidence in these businesses.  OSHA statistics show that of 4,070 worker fatalities in private industry in calendar year 2010, one-fifth (751 or 18.5%) were in construction. The leading causes of worker deaths on construction sites were: falls, electrocution, struck by object, and caught–in/between. These “Fatal Four” were responsible for nearly three out of five (57%) construction worker deaths in 2010:

  • Falls – 260 out of 751 total deaths in construction in CY 2010 (35%)
  • Electrocutions – 76 (10%)
  • Struck by Object – 63 (8%)
  • Caught-in/between – 32 (4%)

Employers of workers involved in construction, general and maritime industries also frequently are found to have committed violations that fall within the Top 10 most frequently cited OSHA standards violated in FY2010:

  • Scaffolding, general requirements, construction (29 CFR 1926.451)
  • Fall protection, construction (29 CFR 1926.501)
  • Hazard communication standard, general industry (29 CFR 1910.1200)
  • Ladders, construction (29 CFR 1926.1053)
  • Respiratory protection, general industry (29 CFR 1910.134)
  • Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)
  • Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305)
  • Powered industrial trucks, general industry (29 CFR 1910.178)
  • Electrical systems design, general requirements, general industry (29 CFR 1910.303)
  • Machines, general requirements, general industry (29 CFR 1910.212)

Construction industry and other employers should review safety practices and compliance for compliance with these and all other standards and to address other potential safety risks to minimize OSHA and other occupational injury related liabilities.   and ensure their documentation of these efforts meets OSHA requirements and also positions the employer to defend against potential sanctions in the event of an employee injury or OSHA audit.

Because of the heavy use of subcontractors in these industries, employers also should be aware of potential exposures that can result from other businesses and workers on site.

In addition, employers should take care to ensure that all required documentation of safety practices and notifications dictated by OSHA are maintained and properly preserved.  

In the event of an accident or other safety hazard event, employers also should engage counsel and other needed experts to timely investigate, provide notification and redress and manage resulting exposures under OSHA, worker’s compensation and other laws.

For Help With These Or Other Matters

If you would like help reviewing or defending your organization’s occupational health and safety or other employment or risk management concerns or wish to discuss arranging for Ms. Stamer to conduct training or speak for your organization, please contact Ms Stamer here. 

Immediate past Chair of the American Bar Association (ABA) RPTE Employee Benefits & Other Compensation Group and current Co-Chair of its Welfare Benefit Committee, Vice-Chair of the ABA TIPS Employee Benefits Committee and past Vic e-Chair of its Worker’s Compensation Committee, a council member of the ABA Joint Committee on Employee Benefits, and past Chair of the ABA Health Law Section Managed Care & Insurance Interest Group, Ms. Stamer is recognized, internationally, nationally and locally for her more than 24 years of work, advocacy, education and publications on health and other employee benefit and related workforce, insurance and health care matters. 

A board certified labor and employment attorney widely known for her extensive and creative knowledge and experienced with employment, health and safety, employee benefits, compensation and other internal controls and workforce matters. She has 24 plus years experience helping employer and other clients develop and operate legally defensible programs, practices and policies that promote the client’s human resources, employee benefits and  other management goals.  Ms. Stamer also is a widely published author and highly regarded speaker on these and other human resources matters who is active in many other employee benefits, human resources and other management focused organizations. 

You can learn more about Ms. Stamer and her experience, review some of her other training, speaking, publications and other resources, and register to receive future updates about developments on these and other concerns from Ms. Stamer here. For important information concerning this communication click here.

About Solutions Law Press

Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on human resources, employee benefits, compensation, data security and privacy, health care, insurance, and other key compliance, risk management, internal controls and other key operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources available at www.solutionslawpress.com. 

THE FOLLOWING DISCLAIMER IS INCLUDED TO COMPLY WITH AND IN RESPONSE TO U.S. TREASURY DEPARTMENT CIRCULAR 230 REGULATIONS.  ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED TRANSACTION OR MATTER ADDRESSED HEREIN.

©2011 Cynthia Marcotte Stamer, P.C.  Non-exclusive license to republish granted to Solutions Law Press.  All other rights reserved.

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Posted by Cynthia Marcotte Stamer

OSHA Silo Safety Citations Heads Up To Grain Operators To Manage Safety

December 5, 2011

The November, 2011, OSHA nailed New York animal feed processor Harbor Point Mineral Products for 21 workplace safety standard violations uncovered following OSHA’s investigation of the death of a worker in a grain silo accident. The worker was fatally engulfed by cotton seed stored in a silo on May 11, 2011.  The action illustrates the  need for grain silo and other similar operators to audit and maintain appropriate safety compliance to guard against OSHA liability.

An inspection by OSHA’s Syracuse Area Office found that employees had not been trained on the hazards associated with entering a silo and were not equipped with an approved lifeline. In addition, the atmosphere inside the silo had not been sampled for oxygen deficiency and the energy source of the silo’s augur had not been locked out prior to entry. Due to the employer’s knowledge of and failure to address these hazards, OSHA issued citations for four willful violations. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

OSHA also cited the company for 17 serious violations for a variety of additional safety and health hazards. These included allowing an employee to “walk down” the grain; the lack of rescue equipment and training; employees overexposed to grain dust and the lack of controls to reduce the exposure level; respiratory and hazard communication deficiencies; and fall hazards from unguarded ladder, floor and wall openings.

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.  See citations here and here.

In response to these citations, OSHA notified Harbor Point that it faced proposed penalties totaling $155,200 and placed Harbor Point in its Severe Violator Enforcement Program (SVEP), which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on “recalcitrant employers” that OSHA views as endangering workers by committing willful, repeat or failure-to-abate violations. For more information on SVEP, see here.

OSHA also has fined grain operators in Wisconsin, Illinois, Colorado, South Dakota, Ohio and Nebraska following preventable fatalities and injuries. In addition to enforcement actions and training, OSHA Assistant Secretary Dr. David Michaels sent a notification letter in August 2010 and another in February 2011 to grain elevator operators warning them of proper safety precautions. For a copy of the letter, visit here.

Grain operators and related workers are not the only industry receiving enforcement attention.  OSHA generally investigations any accident resulting in a worker death or serious injury, as well as conducts audits of a broad range of employers with some industries targeted for special attention based on what OSHA perceives as heightened hazards or noncompliance within the industry.

According to OSHA, the overall most commonly sited OSHA violations include several common to these industries.  OSHA’s “Top 10” list of safety protection standard violations include scaffolding, fall protection, hazard communications, respiratory protection, lockout/tagout, electrical, wiring methods, powered industrial trucks, ladders, electrical general requirements, machine guarding and machine guarding.

Grain silo and other employers should review safety practices and compliance for compliance with these and all other standards and to address other potential safety risks to minimize OSHA and other occupational injury related liabilities.   and ensure their documentation of these efforts meets OSHA requirements and also positions the employer to defend against potential sanctions in the event of an employee injury or OSHA audit.

Because of the heavy use of subcontractors in these industries, employers also should be cognizant of potential exposures that can result from other businesses and workers on site.

In addition, employers should take care to ensure that all required documentation of safety practices and notifications dictated by OSHA are maintained and properly preserved.  

In the event of an accident or other safety hazard event, employers also should engage counsel and other needed experts to timely investigate, provide notification and redress and manage resulting exposures under OSHA, worker’s compensation and other laws.

For Help With These Or Other Matters

If you would like help reviewing or defending your organization’s occupational health and safety or other employment or risk management concerns or wish to discuss arranging for Ms. Stamer to conduct training or speak for your organization, please contact Ms Stamer here. 

Immediate past Chair of the American Bar Association (ABA) RPTE Employee Benefits & Other Compensation Group and current Co-Chair of its Welfare Benefit Committee, Vice-Chair of the ABA TIPS Employee Benefits Committee and past Vic e-Chair of its Worker’s Compensation Committee, a council member of the ABA Joint Committee on Employee Benefits, and past Chair of the ABA Health Law Section Managed Care & Insurance Interest Group, Ms. Stamer is recognized, internationally, nationally and locally for her more than 24 years of work, advocacy, education and publications on health and other employee benefit and related workforce, insurance and health care matters. 

A board certified labor and employment attorney widely known for her extensive and creative knowledge and experienced with employment, health and safety, employee benefits, compensation and other internal controls and workforce matters. She has 24 plus years experience helping employer and other clients develop and operate legally defensible programs, practices and policies that promote the client’s human resources, employee benefits and  other management goals.  Ms. Stamer also is a widely published author and highly regarded speaker on these and other human resources matters who is active in many other employee benefits, human resources and other management focused organizations. 

You can learn more about Ms. Stamer and her experience, review some of her other training, speaking, publications and other resources, and register to receive future updates about developments on these and other concerns from Ms. Stamer here. For important information concerning this communication click here.

About Solutions Law Press

Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on human resources, employee benefits, compensation, data security and privacy, health care, insurance, and other key compliance, risk management, internal controls and other key operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources available at www.solutionslawpress.com. 

THE FOLLOWING DISCLAIMER IS INCLUDED TO COMPLY WITH AND IN RESPONSE TO U.S. TREASURY DEPARTMENT CIRCULAR 230 REGULATIONS.  ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED TRANSACTION OR MATTER ADDRESSED HEREIN.

©2011 Cynthia Marcotte Stamer, P.C.  Non-exclusive license to republish granted to Solutions Law Press.  All other rights reserved.

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Posted by Cynthia Marcotte Stamer

OSHA Updates Safety Resources To Prevent Construction, Other “Top 10” Exposures

December 5, 2011

OSHA Updated Worker Safety Cards Available As Safety Enforcement Continues

While continuing to keep the heat up on enforcement, the Occupational Health & Safety Administration (OSHA) recently released new and updated educational brochures and a series of new QuickCards it intends to promote worker safety.

Construction, Other Safety Education & Resources Updated

Focusing on worker safety in the construction, general and maritime industries, the recently released brochure topics available here include workers’ rights, employer rights and responsibilities following an OSHA inspection, construction industry digest, small entity compliance guide for respiratory protection standard and laboratory safety guidance.  These new resources are part of a broad range of worker health and safety guides, standards and related materials published by OSHA covering a broad range of industries.

The emphasis on these industries is based in part on the high injury incidence in these businesses.  OSHA statistics show that of 4,070 worker fatalities in private industry in calendar year 2010, one-fifth (751 or 18.5%) were in construction. The leading causes of worker deaths on construction sites were: falls, electrocution, struck by object, and caught–in/between. These “Fatal Four” were responsible for nearly three out of five (57%) construction worker deaths in 2010:

  • Falls – 260 out of 751 total deaths in construction in CY 2010 (35%)
  • Electrocutions – 76 (10%)
  • Struck by Object – 63 (8%)
  • Caught-in/between – 32 (4%)

Employers of workers involved in construction, general and maritime industries also frequently are found to have committed violations that fall within the Top 10 most frequently cited OSHA standards violated in FY2010:

  • Scaffolding, general requirements, construction (29 CFR 1926.451)
  • Fall protection, construction (29 CFR 1926.501)
  • Hazard communication standard, general industry (29 CFR 1910.1200)
  • Ladders, construction (29 CFR 1926.1053)
  • Respiratory protection, general industry (29 CFR 1910.134)
  • Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)
  • Electrical, wiring methods, components and equipment, general industry (29 CFR 1910.305)
  • Powered industrial trucks, general industry (29 CFR 1910.178)
  • Electrical systems design, general requirements, general industry (29 CFR 1910.303)
  • Machines, general requirements, general industry (29 CFR 1910.212)

Construction industry and other employers should review safety practices and compliance for compliance with these and all other standards and to address other potential safety risks to minimize OSHA and other occupational injury related liabilities.   and ensure their documentation of these efforts meets OSHA requirements and also positions the employer to defend against potential sanctions in the event of an employee injury or OSHA audit.

Because of the heavy use of subcontractors in these industries, employers also should be cognizant of potential exposures that can result from other businesses and workers on site.

In addition, employers should take care to ensure that all required documentation of safety practices and notifications dictated by OSHA are maintained and properly preserved.  

In the event of an accident or other safety hazard event, employers also should engage counsel and other needed experts to timely investigate, provide notification and redress and manage resulting exposures under OSHA, worker’s compensation and other laws.

For Help With These Or Other Matters

If you would like help reviewing or defending your organization’s occupational health and safety or other employment or risk management concerns or wish to discuss arranging for Ms. Stamer to conduct training or speak for your organization, please contact Ms Stamer here. 

Immediate past Chair of the American Bar Association (ABA) RPTE Employee Benefits & Other Compensation Group and current Co-Chair of its Welfare Benefit Committee, Vice-Chair of the ABA TIPS Employee Benefits Committee and past Vic e-Chair of its Worker’s Compensation Committee, a council member of the ABA Joint Committee on Employee Benefits, and past Chair of the ABA Health Law Section Managed Care & Insurance Interest Group, Ms. Stamer is recognized, internationally, nationally and locally for her more than 24 years of work, advocacy, education and publications on health and other employee benefit and related workforce, insurance and health care matters. 

A board certified labor and employment attorney widely known for her extensive and creative knowledge and experienced with employment, health and safety, employee benefits, compensation and other internal controls and workforce matters. She has 24 plus years experience helping employer and other clients develop and operate legally defensible programs, practices and policies that promote the client’s human resources, employee benefits and  other management goals.  Ms. Stamer also is a widely published author and highly regarded speaker on these and other human resources matters who is active in many other employee benefits, human resources and other management focused organizations. 

You can learn more about Ms. Stamer and her experience, review some of her other training, speaking, publications and other resources, and register to receive future updates about developments on these and other concerns from Ms. Stamer here. For important information concerning this communication click here.

About Solutions Law Press

Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on human resources, employee benefits, compensation, data security and privacy, health care, insurance, and other key compliance, risk management, internal controls and other key operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources available at www.solutionslawpress.com. 

THE FOLLOWING DISCLAIMER IS INCLUDED TO COMPLY WITH AND IN RESPONSE TO U.S. TREASURY DEPARTMENT CIRCULAR 230 REGULATIONS.  ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED TRANSACTION OR MATTER ADDRESSED HEREIN.

©2011 Cynthia Marcotte Stamer, P.C.  Non-exclusive license to republish granted to Solutions Law Press.  All other rights reserved.

Comments Off on OSHA Updates Safety Resources To Prevent Construction, Other “Top 10” Exposures | Employee Benefits, Employers, OSHA, Retirement Plans, Tax | Tagged: , , , | Permalink
Posted by Cynthia Marcotte Stamer

EBSA Releases Collection of New M-1 and Other Guidance Impacting Multiple Employer Welfare Plans

December 5, 2011

Multiple and multi-employer health and other welfare plans are subject to special Form M-1 and other reporting and disclosure and other requirements under Federal law  as amended by the Patient Protection and Affordable Care Act (“Affordable Care Act”).

The Department of Labor’s Employee Benefits Security Administration (“EBSA”) updated its website with the following new  guidance under the Affordable Care Act today:

For More Information Or Assistance

If you need help reviewing or updating your health benefit program for compliance with ACA or other laws or with any other employment, employee benefit, compensation or internal controls matter, please contact the author of this article, attorney Cynthia Marcotte Stamer.

A 2011 inductee to the American College of Employee Benefits Council, immediate past-Chair and current Welfare Benefit Committee Co-Chair of the American Bar Association (ABA) RPPT Employee Benefits & Other Compensation Arrangements, an ABA Joint Committee on Employee Benefits Council Representative, the ABA TIPS Employee Benefit Plan Committee Vice Chair, former ABA Health Law Section Managed Care & Insurance Interest Group Chair, past Southwest Benefits Association Board Member, Employee Benefit News Editorial Advisory Board Member, and a widely published speaker and author,  Ms. Stamer has more than 24 years experience advising businesses, plans, fiduciaries, insurers. plan administrators and other services providers,  and governments on health care, retirement, employment, insurance, and tax program design, administration, defense and policy.   Nationally and internationally known for her creative and highly pragmatic knowledge and work on health benefit and insurance programs, Ms. Stamer’s  experience includes extensive involvement in advising and representing these and other clients on ACA and other health care legislation, regulation, enforcement and administration. 

Widely published on health benefit and other related matters, Ms. Stamer’s insights and articles have been published by the HealthLeaders, Modern Health Care, Managed Care Executive, the Bureau of National Affairs, Aspen Publishers, Business Insurance, Employee Benefit News, the Wall Street Journal, the American Bar Association, Aspen Publishers, World At Work, Spencer Publications, SHRM, the International Foundation, Solutions Law Press and many others.

For additional information about Ms. Stamer and her experience, see www.CynthiaStamer.com.

Comments Off on EBSA Releases Collection of New M-1 and Other Guidance Impacting Multiple Employer Welfare Plans | 105(h), Affordable Care Act, CHIP, Claims Administration, COBRA, Disability, Disability, Employee Benefits, Employers, Employment Tax, ERISA, Excise Tax, Fiduciary Responsibility, FMLA, Health Care Reform, Health Plans, HIPAA, Human Resources, Income Tax, Insurance, Malpractice, Medicare Part D, Mental Health, Mental Health Parity, Patient Empowerment, Patient Protection and Affordable Care Act, Payroll Tax, Preemption, Prescription Drugs, Protected Health Information, Reporting & Disclosure, Tax Credit, Wellness Programs | Tagged: , , , , , , , , , , , , , , , , , , , , | Permalink
Posted by Cynthia Marcotte Stamer