Newsletter 33rd Edition

Good morning! This week we take a take a look at those pesky musculoskeletal disorders, bring everyone up to speed on Arc Flashes and share the news of a Safety Knight that stood up to the military to protect his fellow workers. So, if you’re ready, let’s dive in to this weeks edition!

Also, don’t forget your Safety Knight discount from Red Alert Wax below.

THIS WEEK’S TIPS

This week’s safety upgrades:

• OSHA Recordable Guidance

• Electrical Safety - Arc Flashes

• Free Black Lung Screening for Coal Miners

PROFESSIONAL DEVELOPMENT

This Weeks Professional Development Tip

• Managing Work-Related Stress

SAFETY KNIGHTS COMMUNITY
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OSHA
Stretching an OSHA Recordable?

OSHA recently issued new guidance on when Active Release Techniques (ART) and stretching exercises, commonly used to prevent or alleviate musculoskeletal disorders (MSDs), are considered recordable under its injury and illness recordkeeping regulation. Employers recommending these techniques to reduce discomfort must be aware of OSHA’s stance on recordability.

MSDs are the most prevalent workplace injuries, and employers often use ART and suggested exercises to mitigate these issues. On May 2, 2024, OSHA's memorandum provided enforcement guidance to its inspectors on determining whether MSDs are recordable when first aid, ART, or exercises and stretching are recommended. OSHA's focus on these programs during inspections aims to ensure compliance with the Recordkeeping Regulation.

Employers are required to keep records of injuries and illnesses resulting in death, days away from work, restricted work, job transfer, loss of consciousness, or medical treatment beyond first aid. An abnormal condition, which can be identified by subjective signs like employee statements of pain, is sufficient for recordability.

Distinguishing between stretching for general discomfort (not recordable) and stretching for an abnormal condition (recordable) can be challenging. The new guidance clarifies the current administration's position on "medical treatment beyond first aid." It instructs compliance safety and health officers (CSHOs) to scrutinize repeated first aid applications to ensure they do not mask the need for medical treatment.

First aid treatments, such as nonprescription medication, hot or cold therapy, and massage, are not recordable even with multiple applications. However, repeated applications of first aid for the same concern may prompt further investigation by CSHOs, potentially leading to citations if further medical treatment is necessary but not provided.

OSHA’s guidance from 2006 and 2019 classified ART as first aid, while distinguishing it from recordable treatments like chiropractic manipulation or physical therapy. The new guidance reinforces this distinction and advises CSHOs to verify that no other forms of therapy are provided alongside ART.

For exercises and stretching, if prescribed to treat a work-related injury or illness, they are considered medical treatment and thus recordable. General exercise and stretching recommendations as part of safe work practices remain non-recordable, provided they are not specifically altered to address an employee’s injury or illness.

Key takeaways for employers include monitoring first aid treatments and ensuring employees receive necessary medical care. Recommendations for stretching should focus on precautionary measures, avoiding repeated first aid applications that suggest further medical care is needed. This approach helps maintain compliance with OSHA’s regulations and avoids potential citations.

Related: 54 Years of Misinformation: Squat Lifting is Still Not Safer Than Stoop Lifting

SPORTS
NFL Guardian Caps OSHA Approved?

The NFL recently decided to allow players to wear Guardian Caps—extra padding worn over helmets—during regular season games, raising questions about the application of the OSHA to the NFL.

While OSHA has the authority to set safety standards for the NFL, it is unlikely due to the nature of the sport and its inherent risks, similar to previous rulings regarding other high-risk entertainment industries. Moreover, the NFL Players Association has already negotiated extensive health and safety measures into their collective bargaining agreement.

Introduction of Guardian Caps

Players began wearing Guardian Caps during the 2022 preseason, leading to a reduction in preseason practice concussions from 30 in previous years to 25. In 2023, the NFL mandated their use for most positions during preseason, regular, and postseason contact practices, resulting in only 35 concussions during practices, the lowest since 2016. NFL Executive Vice President Jeff Miller highlighted significant concussion reductions, prompting the decision to allow them in regular season games.

The NFL’s Response to Concussion Risks

In previous decades, the NFL faced criticism and legal action for its slow response to concussion risks, resulting in a class action settlement and changes in how it addresses player health. The adoption of Guardian Caps aligns with the NFL’s efforts to mitigate concussion risks, consistent with the General Duty Clause of the OSH Act.

To prove a violation of the General Duty Clause, OSHA must show that:

1. A workplace activity or condition presented a hazard.

2. The hazard was recognized by the employer or industry.

3. The hazard was likely to cause serious harm or death.

4. A feasible means to reduce the hazard existed.

The NFL’s adoption of Guardian Caps suggests a feasible means to reduce concussion risks, potentially fulfilling OSH Act obligations. If the positive trends continue, Guardian Caps might eventually become mandatory for all games.

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INDUSTRIAL & MILITARY SAFETY
“I don’t want to see (people) die on the job”

Rick Ward, a whistleblower and former safety chief at Crane Army Ammunition Activity in southern Indiana, claims retaliation by the U.S. Army and Navy following his reports of severe safety violations in handling explosives. Ward's warnings about the potential catastrophic consequences of these lapses were confirmed by the U.S. Office of Special Counsel, which shared its findings with the White House. Despite this, Ward asserts that instead of addressing the issues, the military branches fired him and are now obstructing his security clearance, critical for his career.

Rick Ward repeatedly warned the military about the dangerous handling of explosives at Crane Army Ammunition Activity, fearing catastrophic consequences. He reported critical safety violations and blew the whistle when his warnings were ignored. Despite raising safety concerns almost daily, Ward's supervisor dismissed his concerns and reminded him of the ease with which he could be fired during his probationary period.

Ward has filed cases against the Army and Navy with the U.S. Merit Systems Protection Board, which protects federal employees from unfair labor practices. He describes a long-standing culture of ignoring safety at Crane, dating back over a decade and highlighted by a 2013 explosion that injured five people. Ward alleges that his reports of unsafe practices, such as using uncertified chains and slings to move explosives, which if they failed could result in bombs falling, exploding and killing workers, were dismissed. His attempts to enforce safety protocols were met with resistance.

After filing a safety complaint with OSHA, the army was assigned to investigate and report their findings back to OSHA due to the COVID-19 pandemic. Within an hour of submitting his report, he was placed on administrative leave, had his work devices confiscated, and was subsequently fired in January 2021 on what he describes as fabricated misconduct charges.

Ward’s attorneys argue that the timing of his dismissal, immediately after his safety report, strongly suggests retaliation. Tom Devine, legal director of the Government Accountability Project, supports Ward's case, emphasizing the systemic issue of retaliation against whistleblowers in safety roles.

Despite denials of retaliation from military spokesmen, who claim a commitment to workplace safety and insist that job applications are handled impartially, Ward remains barred from the Crane facility. He has faced significant personal and professional hardships, including job rejections and separation from his family due to the retaliation.

In an October 2022 letter to President Joe Biden and Congressional leaders, U.S. Special Counsel Henry J. Kerner indicated that the Army's investigation substantiated five of the eight allegations made by Ward, either fully or partially.

In a broader context, Ward’s case has sparked discussions about the need for better protections for whistleblowers, especially concerning security clearance retaliation. Efforts are underway to address these issues legislatively, with the Government Accountability Project seeking meetings with Congress members.

Additionally, a new $100 million facility is planned for Crane, which Ward and Devine see as indirect validation of his concerns, though the Army maintains the decision was based on modernization needs rather than Ward’s whistleblowing.

Ward, while glad that safety improvements are being made, remains frustrated by the personal cost of his actions and seeks to restore his career and family life. “So I am glad I probably saved lives,” he wrote, “... however I want my life back where I can be with my family. I did nothing wrong. Sorry, I don’t want to see (people) die on the job.”

Ward has four years of active military duty, 24 years in the reserves, has obtained the rank of major and is an 80% disabled veteran.

ELECTRICAL SAFETY
Save the Bell Tower and Yourself.

Stanley Black + Decker, the leading tools industry company, faces $222,392 in proposed penalties from OSHA for unsafe work practices. This follows an investigation triggered by a severe burn incident involving a 29-year-old electrician at their Willard, Ohio facility. The electrician was injured during an arc flash, an electrical explosion producing extreme heat and light, capable of causing serious injuries or fatalities.

OSHA cited Stanley Black + Decker for one willful violation and four serious violations, including failing to provide personal protective equipment (PPE) and exposing workers to fall hazards. The investigation revealed that the company did not adequately train electrical maintenance workers on handling energized equipment.

Stanley Black + Decker, which emphasizes responsibility on its website, has 15 days to respond to the citations. They can comply, request an informal conference with OSHA, or contest the findings before an independent commission.

What is an Arc Flash?

• Arc Flash Definition:

  • Byproduct of an electrical explosion.

  • Electrical current travels from one conductor to another.

• Temperature:

  • Can create temperatures up to 5,000° F.

  • Surface temperature of the sun is estimated at 9,932° F for comparison.

• Effects:

  • Heat and light from an arc flash can:

    • Melt clothing.

    • Burn skin.

    • Cause eyesight damage.

    • Cause other bodily injuries.

  • Dangerous to anyone standing within a few feet of the explosion.

• Incidence and Impact:

  • Estimated 5 to 10 arc flashes occur daily in the U.S.

  • Causes over 2,000 hospitalizations annually.

  • Responsible for over 400 deaths each year.

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NEWS
Your Virtual Water Cooler

• [Webinar] The Intersection of PAGA and Cal/OSHA: Wage Claims Based on Workplace Safety Violations

• OSHA's Updated Hazard Communication Standard: Chemical Awareness Is Key

• ‘Wearing your safety helmet correctly?’ New video from OSHA

• Postal Service Ordered to Pay Whistleblower Damages

• OSHA investigates deadly bulldozer incident at Santee Cooper plant

• 'We're on solid moral ground': If you don't like Still Wakes The Deep's use of yellow paint, then take it up with OSHA and the HSE

• Free preventative black lung screening for coal miners will visit Pipestem in June

• 'I lost four fingers in horror work accident and saw them lying in machine'

• Washington L&I Fines Asbestos Removal Company $800,000 for Safety Violations

• As extreme heat kills more Nevadans, OSHA bets on worker protections

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