California
Multilingual communications
In an effort to better serve the growing number of limited- and non-English-speaking workers in
California, Cal/OSHA has actively sought to overcome language barriers between
the Cal/OSHA staff and the public it serves. Recent publications have been translated into multiple
languages, depending on the type of industry addressed. Cal/OSHA has issued 31 Spanish publications,
seven Chinese publications, five Korean publications, two Russian publications, eight Tagalog
publications and seven Vietnamese publications.
Due to the largely Spanish-speaking agricultural workforce in California, Cal/OSHA enforcement
strives to increase awareness of workers’ rights and employers’ responsibilities through an increase
in bilingual educational and public relations efforts that target worker advocacy groups, employers
and workers. The Cal/OSHA Enforcement Unit is working collaboratively with agricultural worker
advocacy groups to increase compliance at agricultural worksites through education, outreach and
referral inspections.
The Cal/OSHA Enforcement Unit has attended meetings with various advocacy groups, such as Lideres
Campesinas, California Rural Legal Assistance (CRLA), Agricultural Pesticide Coalition and
Farmworkers’ Coalition. These meetings provide Cal/OSHA with additional opportunities to open
pathways of communication among DOSH, worker advocates and the Hispanic agricultural community.
Cal/OSHA has significantly increased the number of in-house staff members who have been certified as
bilingual. Employees fluent in Arabic, Cantonese, Korean, Mandarin, Punjabi, Spanish, Tagalog and
Vietnamese have met requirements needed to earn a salary augmentation for their bilingual ability.
Hand weeding regulation
California has adopted a historic regulation banning hand weeding in agriculture. Cal/OSHA
banned "el cortito" ("the short one," a short-handled hoe), but determined it did not have the legal
authority to force employers to use "available and reasonable" tools as an alternative to hand
weeding. Under the new regulation, hand weeding, thinning or "hot-capping" in a stooped, kneeling or
squatting position is no longer permitted if there is a "readily available, reasonable" alternative.
Exemptions are provided for high-density crops spaced less than two inches apart, organic farms,
seedlings and horticultural commodities.
Permissible exposure limits
Cal/OSHA has asked for stakeholder input about a proposal to add or reduce the permissible
exposure limits (PELs) for 14 substances considered air contaminants. Cal/OSHA has scheduled an
advisory meeting to discuss the PEL situation.
Personal protective equipment
The Cal/OSHA Standards Board approved revisions to "clearly indicate that
the employer is responsible" for ensuring all personal protective equipment, whether provided by the
employer or owned by the employee, complies with established standards and the equipment is stored in
a safe, sanitary condition. The revision stems from an incident in which an employee used protective
gloves that had been improperly stored and were contaminated with corrosive material. The employee,
unaware of the contamination, sustained chemical burns to both hands.
Ergonomics
California’s Repetitive Motion Injury (RMI) standard, which became effective July 3, 1997, was the
first ergonomics standard adopted in the nation. The application of the standard is triggered when
at least two employees at the employer’s worksite report RMIs that are: 1. diagnosed by a licensed
physician; 2. caused predominantly by identical work activity; and 3. occurred within 12 months of
each other.
Enforcement related to ergonomics
Cal/OSHA investigated AC Transit as a result of a complaint alleging repetitive motion injuries.
Employees at this facility pulled moneyboxes from buses and emptied them into a wall safe. Each
moneybox weighed 20 to 30 pounds. Employees emptied as many as 50 moneyboxes an hour and carried
them as far as 50 feet to the wall safe.
Three new repetitive motion injuries were documented since the injuries that resulted in an earlier
inspection with citations issued in 2001. Abatement of the 2001 citations was found to be inadequate
upon reinspection. This conclusion was aided by comparing the Hayward facility to other facilities
at which the identical job task is performed. Two citations totaled $108,000 for the repeat
violations and lack of training.
Consultation and education efforts related to ergonomics
Cal/OSHA Consultation Service has worked with industry, labor, the medical community and others to
develop best practices and programs for preventing repetitive motion injuries in specific
industries. The consultation service has issued a number of publications based on best practices and
programs actually adopted by employers in a particular industry for reducing musculoskeletal
disorders.
Publications are developed with input from industry associations, employers, labor organizations and
others. Ergonomics in action describes best practices for the food processing
industry. The Back injury prevention guide gives examples for lifting
patients and for other tasks in nursing homes. The Consultation Service has also issued ergonomic survival
guides for workers on construction sites.
A series of publications for very small businesses cover ergonomics issues for cosmetology, dry
cleaning, retail and wholesale, child care providers, landscaping, auto repair, bars and
restaurants, and health care. Many of these have been translated into more than one language.
Process safety management
One of the most potentially dangerous tasks at a refinery is "turnaround" – the shutdown of part of
the plant for maintenance or repair. The turnaround can lead to serious accidents because of the
frenetic pace to complete projects and get the refinery back on line.
An accident at Tosco refinery in 1999, which killed four workers and seriously injured a fifth,
occurred during "turnaround." The division’s investigations found Tosco failed to shut down the
naphtha piping operations prior to maintenance work. Naphtha flowed through the line onto hot
surfaces of the adjoining tower, ignited and burst into a fireball after hitting hot equipment.
As a result of the Tosco accident, Cal/OSHA received funding for two process
safety management (PSM) offices – in Northern and Southern California. The PSM offices are dedicated
to doing inspections of refineries, chemical plants and explosives facilities. The PSM units work
closely with refineries and other facilities, conducting up to four yearly inspections each. They also
work with hazardous-materials units. Safe turnarounds as well as everyday operations depend on training
of workers and employers, and well-developed emergency response and communications systems.
Cal/OSHA’s VPP approved the first refinery to certify as a Star site. Valero Wilmington Refinery,
Wilmington, Calif., uses behavior-based safety to prevent accidents and turnaround safety teams to
manage safety during shutdowns for maintenance. Valero’s Benicia, Calif., plant is also a VPP
applicant and will probably be approved by the end of 2005.
Workplace violence prevention
California’s 1994 conference about workplace security, the first of its kind, was part of a
drive to promote additional research and develop guidelines for preventing workplace violence. California
issued Guidelines for security and safety of health care and community service
workers, Cal/OSHA guidelines for workplace security and a model injury and illness prevention program for
workplace security.
Although workplace violence is part of a larger societal problem, the employer is still required to
provide a safe and healthful workplace. State regulations require employers to establish, implement
and maintain an effective injury and illness prevention program (IIPP). The IIPP must include
procedures for identifying and evaluating workplace hazards, including scheduled periodic
inspections to identify unsafe conditions and work practices. Employers at risk for robbery or other
types of violent assaults must include workplace security in their IIPP.
Traffic safety
California legislation provides for a targeted inspection program and a targeted consultation
program. These programs are supported fiscally by assessments on the subset of insured and
self-insured California employers that have an EX-MOD of 1.25 or greater to a Targeted Inspection
and Consultation Fund (TICF). Because employers with a high EX-MOD for workers’ compensation
purposes are required to pay an assessment, they are given priority for consultations.
It has been found that a high EX-MOD rate does not distinguish between "claims" of injuries for
workers’ compensation purposes and "occupational hazards" that represent violations of safety
regulations. Therefore, the consultant reviews the record of on-the-job injuries and illnesses and
workers’ compensation claims and makes recommendations in addition to conducting an on-site safety
and health consultation. If traffic accidents are a predominant reason for the high EX-MOD rate,
Consultation makes recommendations along the lines of providing driver training to workers.
Connecticut
Connecticut (CONN-OSHA) is developing a major outreach program to address the number one cause of
workplace fatalities – motor-vehicle accidents. The program will be more than a defensive driving
course, because it will also identify bad driving habits and provide solutions for resolving them.
It will also focus on fleet safety and developing safe driving programs for municipalities and state
agencies or those employers that provide multiple vehicles for their workforce. The program is
expected to roll out in time for the summer vacation travel
Kentucky
The Kentucky Department of Labor has added a position in the Commissioner’s
Office with responsibilities to provide outreach to the Hispanic-speaking employers and employees of the
commonwealth.
Maryland
Maryland prints its Safety and health protection on the job poster in
English and Spanish. Maryland Occupational Safety and Health (MOSH) also publishes its Closing
conference guide in Spanish; this booklet explains the employer’s rights following an inspection.
During fiscal-year 2004, Maryland developed a Seguridad en la construccion
full-day seminar for Spanish-speaking employers and employees. The delivery of this program will
begin during fiscal-year 2005. MOSH also began working on hosting a conference targeted to construction
companies that use or hire Spanish-speaking subcontractors or workers. This conference is a direct
response to concerns about a disproportionate number of deaths and injuries to non-English-speaking workers.
Michigan
Ergonomics
Michigan’s strategic plan includes musculoskeletal disorders as a focus for reducing injuries and
illnesses by 20 percent. Without a standard, MIOSHA can rely on the general duty requirement to
issue citations and penalties in the most extreme cases. Citations are issued when the state finds
repetitive motion injuries of which the employer was aware and knew how to prevent, but did not make
adequate, reasonable effort to prevent them.
Michigan OSHA conducts extensive outreach and education focused at improving ergonomic conditions.
Since 1991, the Ergonomics Committee has encouraged proactive, voluntary compliance through
training, consultation and recognition of positive efforts. The committee oversees an ergonomics
awards program that recognizes voluntary ergonomic innovations and activities. Since the program
began, 43 Ergonomic Innovation Awards and 11 Ergonomic Success Awards have been issued. During
fiscal-year 2004, MIOSHA conducted 89 workshops and 147 consultations/interventions related to
ergonomics.
In 2002, two MIOSHA standards commissions responsible for developing and adopting workplace safety
and health standards approved establishing an advisory committee to begin the process of drafting a
Michigan ergonomics standard. This advisory committee has responsibility for researching, drafting,
obtaining public input and making recommendations to the commissions.
Workplace violence
Michigan has completed work on a Violence in the workplace program.
The heightened awareness of the population to workplace exposures due to terrorism, domestic violence
and potentially out-of-control workers, along with many requests from employers for assistance, has
led to the development of training seminars by the Consultation Education and Training (CET) Division.
A CET grant was awarded to the Center for Workplace Violence Prevention to develop a video/DVD,
Workplace violence prevention: implementing your program. The video
provides practical information and guidelines for employers to structure and implement a violence
prevention program in their workplace. During fiscal-year 2004, two seminars about this topic were
conducted.
Bedliner alert
In response to a fatality related to the spraying of truck-bed liners, Michigan OSHA
(MIOSHA) conducted a campaign to warn companies of the toxic chemicals included in spray-on
truck-bed liner products. MIOSHA mailed a bedliner alert to all companies using these products and conducted
73 site visits.
Asbestos awareness campaign
This initiative informed all construction companies they are required by law to provide asbestos
awareness training for employees who may contact asbestos-containing materials. MIOSHA
mailed information to 25,000 construction companies, informing them of the training requirements,
and conducted 21 workshops.
Trenching and excavation campaign
MIOSHA launched an extensive awareness campaign to remind employers they are required to provide
excavation protection and training. MIOSHA sent letters to 4,100 employers and 23 associations to
encourage them to use all available resources, including MIOSHA outreach services, to provide
required employee training. In response, 272 companies requested training for 2,098 employees.
Multilingual communications
Michigan prints its Safety and health protection on the job poster in English and Spanish. MIOSHA
also publishes two brochures, Your rights and responsibilities under MIOSHA and the
Michigan’s employee right to know, in Spanish. The MIOSHA video MIOSHA: Your workplace partner –
on-site consultation program was dubbed into a Spanish version. The CET video loan library now includes 14
Spanish-speaking construction safety videos.
Minnesota
75/25 Program
In fiscal-year 2004, MNOSHA established a 75/25 Program, a penalty reduction
incentive program available to qualified employers that links workers’ compensation claim rates and MNOSHA
compliance penalties. This program will allow an employer to obtain a 75 percent reduction in penalties,
provided it reduces its workers’ compensation claims by 25 percent within a one-year period. This
plan provides employers in Minnesota an economic incentive to reduce accidents and protect employees
from harm. Participation in this program does not preclude an employer from using consultation
services; in fact, it is encouraged. Employers selecting this option receive a 75 percent reduction
in penalties assessed as a result of a compliance inspection, provided the citations issued were not
willful, repeat or failure to abate citations. In addition, the compliance inspection could not be
the result of a fatality, serious injury or catastrophe. Complete information about the program is
online at www.doli.state.mn.us/mnosha.html.
Ergonomics
Although it does not have a state ergonomics standard, Minnesota was one of
the first states to examine and cite ergonomic problems in the workplace. The ergonomics team, which
produced Guidelines for Resident Handling in Long-Term-Care facilities,
conducts comprehensive inspections of selected facilities that include a thorough review of injury and
illness records, a complete walkaround inspection and abatement recommendations.
Two ergonomics specialists in MNOSHA’s Workplace Safety Consultation unit continue to help employers
resolve ergonomics-related hazards.
Workplace violence prevention
Minnesota’s Workplace Violence Prevention Program helps employers and their employees reduce the
incidence of violence in their workplaces by providing on-site consultation, telephone assistance,
education and training seminars, and a resource center. This program targets workplaces at high risk
of violence: convenience stores, service stations, taxi and transit operations, restaurants and
bars, motels, guard services, patient care facilities, schools, social services, residential care
facilities and correctional institutions. The program is administered by the Workplace Safety
Consultation (WSC) unit of MNOSHA.
Minnesota Rules review and update
Minnesota-specific standards are reviewed annually by the Department of Labor and Industry;
obsolete rules are recommended for repeal. In fiscal-year 2004, MNOSHA did a broad review to identify
obsolete rules and rules that needed updating. Three rules were repealed: Minnesota Rules 5207.0010
Anchor Bolts; Minn. Rules 5207.0020 Bar, Floor, and Roof Joists; and Minn. Rules 5207.0250 Walking,
Working Surfaces, subp. 5, Roofs; and, two were amended to clarify the definition of a confined
space: Minn. Rules 5207.0300 and 5207.0301, Confined Spaces in Construction.
Workflow analysis
In fiscal-year 2004, MNOSHA reviewed the workflow of three internal processes.
Priorities for further analysis were then determined as follows: citation lapse time in health,
processing time for the support staff, and contested cases lapse time. The average citation issuance
lapse time for health was reduced 5 percent, to 54 calendar-days. Support staff members were able to
reduce the processing time from an average of 12 days to three days. And, the average lapse time from
receipt of contest to first level decision was 135 days in fiscal-year 2004, a 12 percent reduction from
the previous year, when 246 cases were settled in an average of 153 days. Lapse time regarding response
to abatement verification, discrimination and information requests were not evaluated at this time.
Discrimination unit improvements
MNOSHA consulted two state-plan states, Washington and Michigan, to facilitate discussion and
comparison of their approach and process with regard to discrimination. As a result, some of the
processes at MNOSHA were streamlined and staffing changes were made near the end of fiscal-year
2004. A third investigator position was added, which reduced open-case time dramatically. MNOSHA
also consulted legal advisors to determine requirements for legal sufficiency to ensure case files
contained appropriate documentation.
Nevada
Nevada’s Safety Consultation and Training Section expanded its ergonomics training to include
a class about typical ergonomic risk factors found in businesses, besides the emphasis on ergonomic
concerns with video display terminals. Bilingual outreach training to the Hispanic community has
been provided, covering subjects in both construction and general industry. Nevada is also
presenting a class for supervisors with non-English-speaking employees to address the state statutes
requiring that employers train in a language and format the employees understand and identify the
issues that can cause miscommunication.
New Jersey
Ergonomics
Workers in New Jersey’s county long-term and personal care facilities experience
rates of occupational injury and illness similar to public-sector workers who perform heavy labor jobs,
such as refuse collection and utility work (NJ Department of Labor, 2001). The majority of these injuries
and illnesses are musculoskeletal in nature and are associated with lifting, moving and transferring
residents. New Jersey is encouraging all long-term and acute health care facilities to implement the
OSHA Guidelines for nursing homes: ergonomics for the prevention of musculoskeletal
disorders through the services of the New Jersey Department of Health and Senior Services (NJDHSS)
Public Employees Occupational Safety and Health (PEOSH) Consultation Project.
The NJDHSS Consultation Project is evaluating compliance with the occupational health standards that
apply to long-term-care settings, including bloodborne pathogens, asbestos, hazard communication and
respiratory protection. In addition, the NJDHSS Consultation Project is evaluating workplace
tuberculosis (TB) prevention activities and workplace violence protection.
NJDHSS consultations at long-term-care facilities have revealed that assistance is required in the
following areas:
- assuring the 2001 amendments to the Bloodborne Pathogens Standard, which requires the use of safe
needle devices, have been implemented and that frontline employees are included in the process;
- performing TB risk assessments and assuring the TB exposure control plan is appropriate to this
risk level;
- understanding the rationale for issuing employees respirators for protection from airborne
exposures and implementing a comprehensive respiratory protection program; and
- initiating effective efforts to prevent musculoskeletal disorders related to patient handling and
movement.
HAZMAT teams
In March 2003, NJDHSS PEOSH Program began a programmed inspection initiative
of hazardous materials (HAZMAT) response teams throughout the state. NJDHSS conducted compliance inspections
of 22 of the 45 public HAZMAT teams and will inspect all New Jersey HAZMAT teams. The inspection procedures
focused on evaluating compliance with the Respiratory Protection Standard (29 CFR 1910.134) and the
Hazardous Materials Operations and Emergency Response (HAZWOPER) Standard (29 CFR 1910.120).
Violations cited primarily consisted of failure to provide medical monitoring and failure to
establish a written respiratory protection program that included a section to outline criteria used
to select the type of respirator used at a particular event.
New Mexico
Workplace violence prevention
On Oct. 5, 2004, the New Mexico Environmental Improvement Board adopted
regulations designed to improve workplace safety for convenience store employees. The regulations, which
are the most comprehensive of their kind in the country, require convenience stores that are open between
11 p.m. and 5 a.m. to either have two workers on duty or to limit public access to store clerks through
the use of bullet-resistant glass. Additional required safety measures include surveillance cameras,
panic alarms for employees, adequate lighting, unobstructed views of the cashier counter from
outside the store, cash management procedures and training for employees.
Bureau of Labor Statistics data shows that in 2003, workplace violence was the third leading cause
of job-related deaths, accounting for 902 of the 5,575 fatalities that year, and was the second
leading cause of fatalities among women. Even more dramatic is that 97.5 percent (39 of 40) of
convenience store worker deaths were the result of assaults and violent acts.
The New Mexico Petroleum Marketers Association appealed the adoption of the regulations in the Court
of Appeals. However, the regulations are in effect pending consideration of the case by the court.
North Carolina
Communication Tower Standard
The first Communication Tower Standard in the country has been approved in North
Carolina. Most of the standard’s requirements became effective May 1, 2005. The standard requires
100 percent fall protection for tower work above six feet. Industry groups and other stakeholders helped
in the development of the standard.
Multilingual communications
North Carolina has a number of safety and health documents in Spanish, including the Safety and
health protection on the job poster and inspection forms that describe specific employee rights and
responsibilities. The state also communicates a safety and health message to the Hispanic population
through the availability of Spanish language videos with more than 50 Spanish titles. Safety and
health videos in Spanish have also been developed for use on Spanish-speaking television outlets.
Efforts have been made to increase the number of staff members who speak Spanish. This has been
accomplished through hiring practices and training. Currently, the state has 19 employees who speak
Spanish. Work has begun on creating a Web page in Spanish. Visitors to the Web site will be able to
download training materials in Spanish. This will include course training modules, brochures and
samples of written safety and health programs.
Oregon
Oregon addresses the issue of workplace violence primarily through outreach and training. The
OR-OSHA publication Violence in the workplace provides employers information
about the causes of workplace violence, their responsibility to maintain a safe work environment, how
to deal with potentially volatile situations and how to develop a violence prevention program. The
online training course Developing your violence prevention program is another
resource available from Oregon OSHA. The course offers guidelines and suggestions for customizing a
workplace violence prevention program. Twenty-two educational titles about workplace violence are also
available for loan to employers on video or CD-ROM.
The second annual Safety Break for Oregon was in 2004. The event was organized to help remind people
of the need to focus on improving workplace safety to reduce the number of injuries and illnesses
that occur each year in Oregon’s workplaces. Several thousand employees in worksites across the
state took advantage of the opportunity to talk about the value of safety, celebrate their
accomplishments and post the proclamation that Governor Ted Kulongoski issued recognizing the Safety
Break for Oregon. Employers were able to take advantage of the public information and community
promotion assistance offered on the Oregon OSHA Web site.
Oregon OSHA partnered with the Oregon State Association of Nurses and the Oregon Coalition for
Healthcare Ergonomics to present an innovative Healthcare Ergonomics Conference in 2004. The purpose
of the conference was to share real-world solutions to reducing injuries among health care providers
and support service personnel. According to workers’ compensation data, more than 1,500 health care
professionals in Oregon received serious on-the-job injuries in 2002, 68 percent of which were
sprains, strains and muscle tears. Injury prevention is crucial to Oregon’s health care industry.
Presenters from Canada, Australia and Denmark participated in the conference. The three-day event
was attended by 198 participants.
Puerto Rico
Discrimination against workers reporting hazards
Puerto Rico completed the investigation of 19 discrimination cases. All the cases accomplished
the established time frame. PR OSHA settled two cases at the agency level during fiscal-year 2004.
The Secretary of Labor signed an administrative order requiring the chief of every government agency
to develop or improve a safety and health program for his or her agency. To help each government
chief, PR OSHA provided information and training sessions to develop effective safety and health
programs.
South Carolina
To address the steady increase of Hispanic worker deaths and accidents, the South
Carolina Hispanic Worker Task Force was initiated. This group is made up of representatives
from business, associations, South Carolina Occupational Safety and Health (SCOSH) and Hispanic groups
throughout South Carolina. Several training sessions have been completed and many others are scheduled
throughout the state. The training sessions have been well-attended by workers and employers; the
goal is to see a decrease in Hispanic deaths or accidents on the job.
Tennessee
Tennessee OSHA has made significant improvements in the staff’s ability to communicate with
non-English-speaking workers. A pool of interpreters is available throughout the state to travel
with a compliance officer when on-site interpretation is needed. In addition, an interpretive
service is available to the compliance officer by telephone in approximately 23 different languages.
All compliance officers have been issued cellular phones.
Utah
Utah Occupational Safety and Health (UOSH) is a member of a lead task-force whose membership
includes the Utah Division of Air Quality, Utah state and county health departments, and local
county governments. Through participation in this task force, UOSH provides information and training
about the regulatory requirements for worker exposure to lead during the removal of lead-based paint
in housing.
Due to a large number of accidents resulting in serious injury to employees handling marble and
granite slabs, Utah compliance assistance developed an informative pamphlet about safe handling and
storage techniques for slabs. The pamphlet also addressed other recognized stone industry safety and
health hazards, including methods of preventing of silicosis.
UOSH regularly provides outreach instruction to local universities with programs in industrial
hygiene, ergonomics and safety engineering, and construction management. The presentations address
information about UOSH and regulatory requirements.
Virgin Islands
The Virgin Islands Division of Occupational Safety and Health (VIDOSH) is
working on revising the legislation governing its program to reflect its new public-sector-only status.
VIDOSH is also upgrading its computers and developing an online complaint form.
Washington
Ergonomics
After Washington adopted an ergonomics rule in May 2000, the state faced a
number of attempts to have the standard overturned. In 2002, a business coalition mounted a legal
challenge contending the Department of Labor and Industries exceeded its authority when adopting the
rule, acted arbitrarily and did not properly follow rulemaking requirements. The case went to trial
and Washington’s actions were affirmed by a Superior Court ruling. The case was appealed to and heard
by the Washington State Supreme Court, but before a ruling was issued, industry groups launched another
challenge through the state’s voter initiative process. The ergonomics rule was repealed by voters in
Washington’s November 2003 general election.
The requirements of the prevention-based rule were designed to be triggered by specific hazards in
the workplace, rather than occurrence of musculoskeletal disorder symptoms or injuries. In the
absence of a rule, WISHA still faces the challenge of addressing work-related musculoskeletal
disorders. These types of injuries (50,000 annually) account for one-third of injury claims and 40
percent of claims costs. Washington is continuing to work with businesses and employee groups to
conduct comprehensive education and outreach efforts. Efforts are now focused on workshops, helpful
materials and tools for employers, demonstration projects that can be adapted and used by other
employers, and on-site consultation visits.
One of the tools available is an ergonomics ideas bank, a searchable collection of ideas for
preventing workplace injuries. Many ideas were collected from companies with existing ergonomics
programs and employers that participated in demonstration projects. The bank is online at
www.lni.wa.gov/safety/topics/reducehazards/ergobank/default.asp and can be searched by risk factor
or industry.
Workplace violence
Washington developed safety and health standards for the late-night retail industry in 1990, and
uses enforcement and consultation for hazard abatement and prevention. The Workplace Violence
Awareness and Prevention workshop helps participants assess risk factors and develop preventive
measures. A written guide about these topics and a sample prevention program were developed by WISHA
with more than 30 representatives of labor, business and the academic community. WISHA’s video
Is it worth your life?, with real-life scenarios, demonstrates what workers
and employers can do to prevent injuries. The video is distributed to employer networks and associations.
Washington’s Safety and Health Assessment and Research for Prevention (SHARP) program at the
Department of Labor and Industries has conducted several comprehensive studies of workplace
violence. The most recent is based on federal and state data for 1995 through 2000. Homicide
remained the fourth leading cause of workplace deaths in Washington, with 8 percent of all fatal
workplace injuries and an average of 11 cases a year. There was a decrease in the number of
homicides reported in the SHARP 1997 study.
Most incidents were consistent with known risk factors. Most workplace homicides were committed by
persons unknown to the victims and most of the victims worked in retail trade, security services or
transit. This is in striking contrast to the circumstances in which nonfatal workplace assaults
occur, which were in a custodial or client-caregiver relationship such as health care or social
services. While progress has been made in the health care and social services sectors, there is a
troubling rising trend in police protection and some other public service sectors. In most cases,
though, there are predictable and controllable risk factors that increase the likelihood of assault.
Prevention strategies such as hazard assessment and de-escalation training can help address known
risk factors.
Discrimination
Having a strong and effective program to investigate complaints of alleged workplace safety and
health related discrimination is an essential component of a state occupational safety and health
(OSH) program. Absent this incentive for employers to comply, a state’s ability to effectively
enforce its safety and health regulations would be seriously impacted. A state-plan’s authorizing
legislation must include a section prohibiting retaliation against any employee because that
employee complained about safety or health issues or exercised any right provided by the OSH Act.
Washington’s discrimination investigations program is a nationwide leader
with exemplary timeliness, merit and settled case rates. In 2004, WISHA completed 92 percent of 102
case investigations within the 90-day statutory time line. Forty-six percent of investigated cases
resulted in merit findings, more than twice the average national rate. In addition, 98 percent of
the merit cases were settled by WISHA, with more than $140,000 in settlement monies obtained for
complainants. About 70 additional cases that did not meet the requirement of prima facie evidence to
establish that a complaint has merit were screened and closed. "Prima facie" elements must include
evidence of the following:
- protected activity – the complainant was engaged in a safety and health related activity, such as:
complaining to the employer, the state OSH program or OSHA about safety conditions in the workplace;
participating in a walkaround inspection or interviews with a state OSH inspector; or refusing to
perform a task with a high likelihood of injury or death.
- employer knowledge – the employer knew of the complainant’s involvement in a protected activity.
- reprisal – after learning of the complainant’s involvement, the employer took some kind of adverse
action, such as firing, demotion, assignment to an undesirable shift or onerous duties, or loss of
wages or benefits.
- nexus – the connection among the events must be established by timing and evidence of the
employer’s ill will or disparate treatment toward the complainant.
Multilingual communications
Washington provides a Spanish version of its WISHA Web site, including a description of services,
answers to frequently asked questions and copies of Spanish language publications. The site is
online at www.lni.wa.gov/spanish/safety/default.asp. In partnership with the construction industry,
WISHA developed online videos for residential construction about siding, roofing and framing safety.
All of these are available on the Web in both English and Spanish.
Cholinesterase rulemaking
Cholinesterase is essential to the normal function of the nervous system. Without the normal
protective levels, nerves in the body may be overstimulated to the point of exhaustion, leading to
symptoms ranging from blurred vision and tremors to seizures, loss of consciousness and even death.
Washington adopted cholinesterase monitoring rules that went into effect
in February 2004, to protect agricultural pesticide handlers. The state conducted an extensive public
outreach and training program in both Spanish and English. Tests of the level of free cholinesterase
in workers’ blood can identify their overexposure to certain dangerous pesticides that suppress the
body’s production of the enzyme. Washington has recommended such tests since 1993, and, in 2002, was
required by a Supreme Court decision to initiate rulemaking for a mandatory cholinesterase
monitoring program for agricultural pesticide handlers. WISHA worked with employer and employee
advocates, as well as members of both houses of the Washington State Legislature.
During spring 2004, Washington conducted an extensive outreach and training program, including
workshops, presentations, radio talk shows, fact sheets and news releases in Spanish and in English.
Thousands of growers, workers, medical providers and others learned about the new rules, which
require that employers:
- record the number of hours employees spend handling the pesticides;
- implement a medical monitoring program for workers who could meet or exceed the threshold of 50 or
more hours in any consecutive 30-day period;
- identify a medical provider to provide medical monitoring services;
- make baseline and periodic testing available to employees who could meet or exceed the handling
threshold;
- investigate work practices when a handler’s red blood cell or plasma cholinesterase level drops
more than 20 percent below the employee’s own baseline;
- remove employees from exposure when recommended by the health care provider;
- provide training to covered employees; and
- maintain medical monitoring and other records for seven years.
Road construction and traffic safety
In 2004, Washington launched a new emphasis program for road construction
with two significant goals: to prevent fatalities and injuries caused by moving vehicles at jobsites
and to protect workers from hearing loss caused by exposure to hazardous noise levels from heavy
machinery. Seventeen workers have been killed since 1999 while doing construction or utility work on
road projects. Six of those workers died when they were backed over by dump trucks, including two
last year in King County. These deaths occurred despite the trucks being equipped with audible back-up
alarms. Most of these deaths were preventable and WISHA is taking further steps to protect workers
in this industry.
On May 5, 2004, Washington adopted an emergency rule requiring that in addition to a back-up alarm,
dump-truck drivers must have either an observer signaling when it is safe to back up or a mechanical
device such as a video camera that provides a full view of the area behind the truck. Following
public hearings in September, the rules were permanently adopted Dec. 1, as part of Chapter 296-155
WAC, Safety Standards for Construction. WISHA also reorganized and rewrote the sections of the rule
about signs, signaling and flagging, and the rules for motor-vehicle safety. One provision clarifies
that seat belts must not only be properly installed, they must be used by all occupants of the
vehicle.
Noise was selected as a focus area out of the desire to expand Washington’s cross-agency safety
initiatives to a health emphasis program. One-third of the costs of all permanent job-related
impairments are due to hearing loss ($43 million in 2001). The incident rate for road construction
is 10 times higher than for all other risk classes and three times higher compared to the rest of
the construction industry. Washington is using contacts with partners in state, county and city
offices, the Department of Labor and Industries’ prevailing wage program and referrals from other
agency programs to locate worksites.
Prevention initiative
In 2004, the Washington State Department of Labor and Industries developed
and implemented a new model for delivering workplace injury prevention services throughout the state.
The Prevention Services Initiative integrates the resources of the department’s WISHA program,
Insurance Services and Field Services. Key elements include:
- development of a system (referral screening assessment tool) to identify employers most in need of
services;
- providing services based on an individual employer’s needs, such as hazard recognition, employee
training, claims management or loss control;
- offering services based on a routine schedule with set intervals or after a significant event,
such as a serious injury, an increase in the employer’s industrial insurance experience factor, a
change in ownership or the nature of the business, or a WISHA citation for serious safety
violations.
Wyoming
Wyoming uses its access to company-specific workers’ compensation data to determine the impact
of an inspection or consultation visit on the company’s injuries. Workers’ compensation claims cover
a much broader spectrum of workplace injuries and illnesses than those recorded on the OSHA Form 300.
For measurement purposes, the 12-month period before the visit is compared to 12 months after. Three
variables are measured in each company: the number of employees, the number of claims filed and the
cost of the claims. Essentially, these three indicators measure injury and illness frequency and
severity.
In the course of inspections and consultations, the inspector or consultant presents a cost/benefit
analysis to the employer. In this analysis, the employer is shown its number of claims reported to
Wyoming Workers’ Compensation, the body part injured, the cost of the claims and the amount of money
held in reserve for future medical treatment of these claims. Lastly, the employer is shown current
and past premium amounts, which are compared to the amount the employer would have paid if it had
reported the average number of claims for its standard industrial classification (SIC) code. These
two amounts are then compared to the lowest amount the employer would have paid with the least
number of claims and/or the lowest claims cost.
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