Newsletter 20th Edition

Good morning! Yesterday was World Hearing Day. The 2024 theme, "Changing mindsets: Let’s make ear and hearing care a reality for all!", which is why we are proud to have this weeks newsletter presented by Soundtrace. If you haven’t taken the time to see how they can help, today seems like a good day to find out. With that said, we have a packed newsletter so, if you’re ready let’s dive into this weeks edition!

THIS WEEK’S TIPS

This week’s safety upgrades:

• New 3D Printing Safety Guidelines

• OSHA News

• Repetitive Strain Injury Prevention

PROFESSIONAL DEVELOPMENT

This Weeks Professional Development Tip

• 2 Communication Styles To Avoid When Working With Executives

SAFETY KNIGHTS COMMUNITY
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OSHA UPDATES
Whistling while you work

In case someone asks, we thought it would be beneficial to bring you up to speed on a new court ruling. “Earlier this month, the Supreme Court held that a whistleblower does not need to show their employer acted with retaliatory intent to prove retaliation under a federal law that protects financial investors”, according to an article from JD Supra.

The recent Supreme Court ruling on whistleblower protections under the Sarbanes-Oxley Act (SOX) could have significant implications for workplace retaliation claims and OSHA whistleblower investigations. The ruling establishes a consistent standard of proof, requiring whistleblowers to show that their protected activity contributed to adverse employment decisions. This may lead to an increase in whistleblower claims reaching jury trials.

While the ruling pertains to a financial-sector law, it affects OSHA's enforcement of whistleblower provisions and could impact laws structured similarly to SOX. Employers must articulate reasons for adverse employment decisions and demonstrate they would have made the same decision regardless of protected activity. Different whistleblower statutes impose varying burdens of proof on employees, ranging from "but for" causation to a "contributing factor" standard.

To mitigate risks, employers should:

1. Identify applicable anti-retaliation laws.

2. Establish comprehensive policies and communicate them clearly.

3. Exercise caution when disciplining whistleblowers.

4. Provide training to HR teams and managers on complaint handling.

5. Appoint oversight personnel or task forces.

6. Conduct thorough and prompt investigations.

7. Educate managers on protected activities and appropriate responses.

8. Avoid imposing confidentiality requirements on complaining employees.

9. Maintain confidentiality during investigations.

10. Maintain meticulous documentation and recordkeeping practices.

Cal/OSHA Fines

On January 1, 2024, Cal/OSHA increased penalties for certain violations to adjust for inflation and align with California and federal law. The increases, mandated by legislation passed in 2017, are based on the annual inflation rate. Maximum penalties for General and Regulatory violations are now $15,873, while penalties for Willful and Repeat violations have risen to $158,727. The minimum penalty for Willful violations is $11,337. However, the maximum penalty for Serious violations remains unchanged at $25,000. More info can be found here.

PRESENTED BY SOUNDTRACE
World Hearing Day: Prioritizing Hearing Employee Hearing Health

Yesterday marked World Hearing Day—a call for safety teams to reflect: Are we fully protecting our employees' hearing?

World Hearing Day, observed annually on March 3rd, raises awareness about the importance of ear and hearing care worldwide. The 2024 theme, "Changing mindsets: Let’s make ear and hearing care a reality for all!" emphasizes the need to prioritize hearing health, particularly in the workplace, where noise-induced hearing loss (NIHL) is a prevalent but preventable occupational hazard. This day underscores the significance of implementing comprehensive hearing conservation programs within workplaces to protect employees from NIHL.

NIHL is caused by prolonged exposure to high levels of noise in the workplace, leading to irreversible hearing damage. Employers and safety teams play a crucial role in preventing NIHL by conducting noise assessments, providing hearing protection devices, implementing noise control measures, and ensuring compliance with regulations like those set by OSHA. World Hearing Day serves as a catalyst for change, prompting companies to enhance their hearing conservation efforts and create safer work environments.

Learn more about World Hearing Day and how Soundtrace supports U.S. companies in preventing hearing loss.

AROUND THE STATES
Nevada Boring, Arizona Exciting.

Here we go again with this guy. Workers at Elon Musk's Boring Company construction site in Las Vegas, part of the "Vegas Loop" project, have reported unsafe conditions, as revealed by Bloomberg Businessweek. Nevada's OSHA fined the company over $112,000 for eight "serious" safety violations, highlighting hazardous working environments. Workers described wading through chemical sludge, sometimes up to two feet high, filled with construction byproducts and accelerants used to set the grout in the tunnels. This exposure led to burns and permanent scars, with at least one employee suffering a direct hit to the face. The report also detailed questionable construction practices, such as overloading bins with muck, causing collapses that nearly crushed workers. Additionally, workers mentioned that temperatures in the tunnels could reach over 100 degrees Fahrenheit, further exacerbating safety concerns. This isn’t the first time we have seen Musk put his employees at risk. Back in October we took a look at problems in his Gigafactories and in November we looked at the safety issues being reported at SpaceX.

Arizona Not Settling

Arizona businesses are distinguishing themselves in the realm of workplace safety by embodying a proactive and innovative mindset that goes beyond mere regulatory compliance. Here's a closer look at how they are achieving this:

1. Integration of Cutting-Edge Technologies: Arizona companies are at the forefront of integrating advanced technologies into their safety protocols. This includes the adoption of state-of-the-art machinery, sensor-based monitoring systems, and wearable devices that detect and mitigate potential hazards in real-time. By leveraging these technologies, businesses can identify risks more effectively and implement preventive measures to ensure employee safety.

2. Emphasis on Environmental Responsibility: A unique aspect of Arizona's safety culture is its integration with environmental stewardship. Businesses in the state prioritize sustainable practices, such as using eco-friendly materials and renewable energy sources, not only to minimize their ecological footprint but also to enhance workplace safety. For example, companies may invest in energy-efficient lighting systems or implement waste reduction strategies that contribute to a safer and healthier work environment.

3. Comprehensive Training Programs: Arizona businesses recognize the importance of investing in employee training to mitigate workplace risks effectively. They offer comprehensive health and safety courses designed to educate workers on hazard identification, emergency response procedures, and safe work practices. These programs empower employees with the knowledge and skills needed to navigate potential dangers in the workplace, ultimately reducing the likelihood of accidents and injuries.

4. Voluntary Safety Initiatives: In addition to complying with mandatory safety regulations, Arizona companies actively engage in voluntary safety initiatives that exceed governmental requirements. This proactive approach involves implementing additional safety measures, conducting regular safety audits, and fostering a culture of continuous improvement. By embracing these initiatives, businesses demonstrate their commitment to prioritizing employee well-being and maintaining high safety standards across all aspects of their operations.

5. Positive Organizational Culture: Arizona's safety-focused businesses cultivate a positive organizational culture that values employee health and well-being. They prioritize open communication, encourage employee participation in safety initiatives, and recognize and reward safety achievements. This creates a work environment where employees feel valued, supported, and motivated to uphold safety standards, leading to increased job satisfaction and productivity.

Overall, Arizona businesses are leading by example in the realm of workplace safety, demonstrating a proactive approach that integrates innovation, environmental responsibility, and employee empowerment. By prioritizing safety as a core value, these companies are not only protecting their workforce but also setting a standard of excellence for industries nationwide.

Michigan Trucking

Diesel Freak, LLC of Gaylord, Michigan, was ordered to pay a fine of $750,000 in one of the largest Clean Air Act violation cases in U.S. history. The company engaged in an aftermarket scheme to disable emissions control systems in semi-trucks. The fine is part of over $1.8 million in fines imposed by the court. Owner Ryan Lalone and two employees were each sentenced to one year of probation. The U.S. District Court Judge Paul L. Maloney highlighted the systematic violations of the Clean Air Act in the case. U.S. Attorney Mark Totten emphasized the importance of holding corporations accountable for environmental crimes. The defendants pleaded guilty to charges of conspiring to violate the Clean Air Act. Diesel Freak, LLC, specialized in diesel repair and electronics modification, building kits to adjust engine power and fuel efficiency. The company conducted remote reprogramming of on-board diagnostic systems, including deletions of environmental controls, allowing trucks to operate without environmental restrictions, causing pollution beyond legal limits. Approximately 70% of Diesel Freak's business involved full emissions control deletions.

New York Roofer Liable

Jose Lema, a roofing contractor from New York with a history of safety violations, faces prison time and a significant fine following the death of an employee at a construction site in 2022. Lema, the founder of ALJ Home Improvement Inc., pled guilty to willfully violating safety regulations of OSHA, with a maximum sentence of six months in prison and a $250,000 fine. His guilty plea covers the death of an employee who fell from a roof due to the lack of proper fall protection systems. Lema's company has been cited multiple times for safety violations, including a previous employee death. The case underscores the need for improved enforcement of workplace safety regulations, particularly in industries like construction where fatalities are prevalent. The Justice Department's commitment to prosecuting cases related to worker safety has led to several prosecutions against employers whose safety violations resulted in fatalities.

MACHINE SAFETY
New 3D Printing Safety Guidance.

The National Institute for Occupational Safety and Health (NIOSH) has published a comprehensive guide addressing the health and safety risks associated with 3D printing, particularly in non-industrial environments such as schools, libraries, and small businesses. The report, titled "Approaches to 3D Printing: A Guide for Makerspace Users, Schools, Libraries, and Small Businesses," delves into the potential hazards present at various stages of the 3D printing process.

One significant aspect highlighted in the report is the identification of hazards stemming from exposure to materials emitted during printing. It notes that 3D printers can emit ultrafine particles and volatile organic compounds, which may pose risks to respiratory and cardiovascular health, especially with prolonged exposure. The guide stresses the importance of understanding the emission characteristics of different printing materials to effectively manage these risks.

Furthermore, the report explores additional safety concerns related to 3D printing, such as risks associated with solvents, heat, moving parts, lasers, and noise. It underscores the need for tailored risk management plans for each workspace environment, emphasizing four main goals: hazard identification, implementation of control measures, provision of training, and regular monitoring and evaluation of safety procedures.

Read the full NIOSH report here.

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NEWS
Your Virtual Water Cooler

• Steel Fabricator Wins Appeal in OSHA Lock-out/Tag-out Violations.

• OSHA Cites Auto Parts Manufacturer for 22 Serious Violations.

• Seema Pillai: CT health care workers need and deserve better protection.

• Surprise EPA inspection finds Clean Air Act violations at St. Paul foundry.

• Washington bill aimed at creating safer working conditions in adult entertainment establishments.

• Researchers find link between disabling work injuries, other health problems.

• ‘The customer is always right’ may be wrong for workers’ mental health.

• Navigating DEI, psychological safety, and politics in the workplace.

• Take action to prevent repetitive strain injuries: CCOHS.

• Prevent Blindness Declares March as Workplace Eye Wellness Month to Encourage Eye Safety Practices, Eye Protection at Work.

• Significant Risks For Workers From Fire Danger And Heat.

• Trane Arkansas Plant Marks Workplace Safety Milestone.

• Exclusive: Musk's SpaceX fined after 'near amputation' suffered by worker, records show.

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