Newsletter 16th Edition

Good morning! We hope you had a great weekend and are excited for an early, green spring like we are. Speaking of green, this week we take a look at how a safer workplace could save your company some cash. Plus, we take a look at some new and somewhat unexpected OSHA changes. So, if you’re ready, lets dive into this weeks edition!

THIS WEEK’S TIPS

What you’ll find in this weeks edition:

• Need to know OSHA updates

• Connecting with Company Leadership

• 6 Tips for Recovery After a Suspension Trauma Incident

PROFESSIONAL DEVELOPMENT

This Weeks Professional Development Tip

• The Top 10 Time Management Tips To Work Smarter, Not Harder.

SAFETY KNIGHTS COMMUNITY
Join the Conversation.

MENTAL HEALTH
OSHA throws “Curve Ball” with some “Heat”.

The U.S. Occupational Safety and Health Administration (OSHA) has updated its enforcement directive for refineries, chemical plants, and facilities dealing with large amounts of chemicals. The 103-page document, the first overhaul in 30 years, covers process safety management (PSM) and includes OSHA advice issued since the last update in 1994. It focuses on how facilities handle potentially dangerous chemicals and outlines policies and procedures expected from employers. The guidance, primarily for OSHA inspectors, uses a question-and-answer format based on OSHA’s interpretation letters since 1992. The surprise update removes instructions on inspection conduct and emphasizes following a 2017 national emphasis program for process safety.

In response to this overhaul, Greg Dillard, a partner at Baker Botts LLP, observed that OSHA had not forewarned of an imminent guidance change. He stated that OSHA's intention may be to convert non-enforceable letters of interpretation into enforceable policies. Dillard expressed concerns that such a shift could introduce inconsistency in future enforcement efforts nationwide. Requests for discussion with OSHA on the new directive remain unanswered. Despite multiple reviews, OSHA has not proposed a standard for changes to the process safety management rule, a consideration announced in 2013.

Future Heat Protection?

The Occupational Health and Safety Administration (OSHA) is poised to introduce a new rule later this year, potentially providing federal protection against heat exposure for workers. Currently, no federal laws regulate heat exposure in the workplace, leaving employees vulnerable. The proposed rule, which follows months of public meetings and over 1,000 comments, aims to establish safeguards such as mandatory education programs, recognition of heat illness risks, and measures against retaliation for complaints. Advocates stress the need for sufficient access to cold water, breaks, and protective equipment. State-level standards exist in some places, but efforts have faced opposition, and federal regulations are deemed crucial, especially amid rising temperatures due to climate change. Opposition from businesses may be short-sighted, as research indicates that protecting workers from heat is essential for long-term economic resilience. A study published earlier this year highlights the impact of heat exposure on both crop yields and agricultural workers' productivity, emphasizing the urgency of implementing protective measures.

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FIRE SAFETY
Fire Departments feeling the HEAT.

Three former volunteers and firefighters from the Alfalfa Fire District in Oregon have raised concerns about the conduct and practices of Fire Chief Chad LaVallee. The volunteers allege that Chief LaVallee violated regulations by using a 16-year-old as a victim in a live fire training exercise, which goes against National Fire Protection Agency regulations and violates OSHA guidelines. The incident led to a state OSHA finding of three violations, including two categorized as "serious," and a $185 fine. The volunteers also allege other unsafe practices, including lack of communication during training, misuse of funds, and disrespectful behavior from the chief. They took their complaints to the Alfalfa Fire District Board and OSHA. Chief LaVallee responded, stating that the Fire District cooperated with the OSHA investigation, paid the assessed penalty, and implemented corrective actions. The former volunteers emphasize the need to hold Chief LaVallee accountable for his alleged pattern of unethical and unsafe behavior.

‘Chicago Fire’ Under Fire

Following four firefighter deaths last year, the Chicago Fire Department has received a directive to enhance safety measures. State inspectors addressed a letter to Mayor Brandon Johnson, urging the fire department to discontinue the practice of sending firefighters into building fires alone. A scrutiny by the Occupational Safety and Health Administration (OSHA) revealed equipment failure during a 2021 incident involving firefighter MaShawn Plummer inside a burning building. OSHA highlighted that no other firefighters were in close proximity, and there was a delay in issuing a mayday call. The tragic incidents resulted in the loss of four firefighters in the line of duty in 2023.

Baltimore’s Serious Violations

The Baltimore County Fire Department faced criticism from the Maryland Occupational Safety and Health (MOSH) following a three-alarm fire in Reisterstown last summer. MOSH identified 11 "serious" violations and one "other-than-serious" violation in the department's response to the fire, citing issues such as the lack of retrieval equipment for the rescue crew, uncoordinated leadership, insufficient training, and a failure to conduct a risk assessment before allowing firefighters to enter the burning building. Despite the serious nature of the violations, none carried a financial penalty. Fire Chief Joanne Rund emphasized the department's commitment to addressing safety issues promptly and creating a safer working environment.

New Change Coming for First Responders?

OSHA is set to publish a proposal in January 2024, aiming to update and expand safety and health protections for emergency responders, including firefighters, emergency medical service providers, and search and rescue workers. The change is viewed as a critical step to address outdated standards and ensure their safety. The proposed rule, named "Emergency Response," will modernize the existing "Fire Brigades" standard from 1980, introducing significant changes in protective clothing, equipment, safety practices, and medical screening requirements for emergency responders, aligning with current industry procedures.

WORKER SAFETY
Save money with a safer workplace.

Remember that time we shared the Professional Development: How to get buy-in from leadership and co-workers? Well, a survey has revealed that a significant portion of American workers would consider taking a pay cut to work for an employer with a better safety culture. This seems like something your company leaders and you might see eye to eye on.

The study found that 34% of blue-collar job candidates and 26% of white-collar candidates are likely to inquire about safety practices during an interview. Nearly half (48%) of respondents from both blue-collar and white-collar backgrounds would consider a pay cut for a job with a better safety culture. The survey also noted a gender difference, with 56% of men being more likely to take a pay cut compared to 42% of women. The majority of workers believe that a job with a strong safety culture is more satisfying (82%) and leads to increased productivity (79%). The survey suggests that job seekers are increasingly prioritizing workplace safety when considering employment opportunities. The full report can be found here.

Workplace Safety and Wellbeing on the Decline

A survey by Traliant found that workplace mental health and well-being continued to decline in 2023. The report highlighted that 86% of respondents agreed that employers need to do more to address mental health needs in the workplace. Read more, here.

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NEWS
Your Virtual Water Cooler

• Schoep’s Ice Cream faces $145K in fines after workers exposed to anhydrous ammonia, OSHA says.

• Builder constructing now-collapsed hangar had several OSHA violations.

• Acting U.S. Secretary of Labor discusses strengthening workplace safety in healthcare.

• 6 Tips for Recovery and Adjustment After a Suspension Trauma Incident.

• Congress' Failure To Address Violence Against Health Care Workers.

• OSH policies a ‘direct entry point’ for addressing workplace violence, ILO says.

• Managing harmful welding fumes.

• Supervisors Be Warned: OSHA Announces Enhanced Criminal Enforcement Coordination.

• Mold rampant at Ford's Kentucky EV battery site, workers say.

• U.S. laws and regulations inadequately protected frontline workers during the pandemic.

• Best Practices to Ensure Safety in the Oil and Gas Industry.

• Scientists manufacture a surface that has virucidal properties but does not use any chemicals.

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