Tuesday, August 25, 2009
Back Injury Prevention
Back to Basics for Strong, Healthy Backs
The following article is a condensation from the "Safety News Alert" newsletter from BLR (http://www.blr.com). It provides information on how to prevent back pain and injury.
Back pain and injuries are among the most common causes of lost workdays and long-term disability. About 80 percent of adults suffer from back pain at some time in their lives, and hundreds of thousands of workers suffer disabling back injuries on the job every year.
When you think about it, it’s not surprising that there are so many back injuries. Just look at the back’s unique structure and role. The back is made up of a complicated network of muscles and bones that literally hold up the body and control much of a person’s daily movements. So when the back’s abused, the consequences can be serious and sometimes incapacitating. One wrong move can be a very painful mistake, and long-term stresses and strains on the back can cause deterioration, chronic pain, and disability.
Safe Lifting
Perhaps the most important area to emphasize about back safety on the job is lifting. Improper lifting is believed to account for up to half of all job-related back injuries.
Training in the proper lifting technique can go a long way toward keeping workers healthy and on the job. Make sure your employees know these simple steps in safe lifting:
- Stand close to the load with both feet firm on the floor and spread at about shoulder width, with the toes pointing out.
- Squat down, close to the load, keeping your back straight, bending at the knees.
- Grip the load firmly with your hands, not just your fingers. Place your hands on diagonally opposite corners so that one hand pulls it toward you and one lifts.
- Bring the load as close as possible to your body. Keep your weight centered over your feet, arms and elbows tucked in to your sides, and chin tucked in to your neck.
- Then lift gradually and smoothly, letting your legs do the work. With the back still straight, lift head and shoulders first while the legs push the body up smoothly.
Other Preventive Measures
Lifting isn't the only cause of back injuries, of course. Most people put unnecessary strain on their backs in a variety of other ways. For example:
- Excess weight—especially potbellies—puts constant strain on the back. That's just one more reason to watch what and how much you eat.
- Lack of exercise. Exercise strengthens back and abdominal muscles used in lifting and other related tasks. It also reduces stress and increases flexibility.
- Poor posture—whether sitting, standing, or driving—is a major cause of back strain. When you slouch, the ligaments, rather than the muscles, are forced to do the work of supporting the body, which puts pressure on the vertebrae.
- Bending and twisting are both killers on the back. Workers should try to limit bending and twisting motions—for example, by placing objects on tables or other elevated surfaces rather than on the floor so that they don't have to bend and lift.
Labels: employees, Safety Compliance, Safety Management, Training
Tuesday, August 18, 2009
Lead Compliance - Part II
on housing or child-occupied facilities built before 1978. Like it or not, restoration work usually meets the definition of renovation since you are doing it for compensation and you are likely to disturb more than six square feet inside or 20 square feet outside.
to begin preparing now to comply with the new regulation.
1. Use Renovator Right! Now: As of December 22, 2008, companies must distribute EPA’s new Renovate Right! pamphlet to owners and occupants unless it is an emergency.
Emergency Renovations
However, emergency renovations are not exempt from the:
- Cleaning requirements which must be performed by certified renovators or individuals trained by certified renovators.
- Cleaning verification requirements which must be performed
by certified renovators; and - Record keeping requirements.
While this helps, companies still need to prepare for the new regulation.
Cleaning Verification
EPA has created a new method to determine whether the work site was effectively cleaned. EPA rejected the traditional method of dust clearance testing where, a certified dust sampling technician, lead risk assessor or lead inspector takes a wipe sample from the floor, window sill, and in some cases, a window trough. The lead professional sends it to an EPA-approved laboratory to determine the lead content. If there are more than 40micrograms per square foot on the floor or 250 micrograms per square foot on the window sill, the area has a lead hazard. In essence, these lead hazard standards at 40 CFR 745 are EPA’s answer to the age-old question of “how clean is clean.”
EPA rejected the dust clearance testing and ensuring that the renovation leaves no lead dust hazards behind because the law requires EPA to write rules that ensure that the renovator does not create lead hazards. EPA chose not to make the renovator responsible for pre-existing hazards.
In its place, EPA created a cleaning verification method that is commonly called the “white glove” test. When the cleaning is done, the certified renovator takes wet white wipes— essentially a "Swiffer" pad—and wipes the floor and window sills. If the wipes are dirtier than a laminated image—called a cleaning verification card—of a clean enough wipe, then the room must be re-cleaned and retested.
If it fails a second time, then the certified renovator must use a dry wipe to clean the area and it is done. The wipes never have to be cleaner than the cleaning verification card. There is no third-party verification and the wipes do not have to be saved. As you may imagine, this method has been controversial.
EPA does allow the client to require renovators to conduct a dust clearance test and achieve the standard. On federally subsidized projects, the U.S. Housing and Urban Development’s (HUD) Lead-Safe Housing Rule (LSHR) may apply. The LSHR requires dust clearance testing to ensure that lead hazards have been eliminated.
Compliance Steps
1. Use Renovator Right! Now: Since 1999, renovators have been required to provide owners and occupants of target housing with the EPA’s Protect Your Family from Lead pamphlet. It is better known as the “blue booklet.” As of December 22, 2008, companies must distribute EPA’s new Renovate Right! pamphlet instead. They must also notify
child-occupied facilities (see definition). The EPA also clarified and simplified the requirements for notice to owners and occupants when work only involves common areas.
2. Get Training: A top priority should be ensuring that crew chiefs and supervisors who may work on housing and child-occupied facilities built before 1978 are trained. They need to successfully complete a one-day "Certified Lead Renovator" course from an EPA-accredited training provider. If the person has already taken an EPA-approved lead-safe work practices course (and can document it) the person can become a Certified Lead Renovator by completing a 1/2-day refresher instead of a 1-day initial training course.
The training provider will issue a certificate to students who complete the course, pass the exam, and pass the hands-on skills assessment. The student’s photo goes on the certificate. With this certificate, the student is now a Certified Lead Renovator until it expires in five years. The Certified Renovator will need to take a four-hour refresher before the certificate expires. Please note that the training provider must submit the information on the student to EPA. Certified Lead Renovators are responsible for providing on-the-job training to all workers on the site.
On April 22, 2009, EPA began accepting application from training providers. As of May 4, EPA has received 42 applications. It will begin approving them during the next one to six months. The National Center for Healthy Housing offers a single place for trainers to post all healthy homes-related training at www.nchh.org/training/calendar.aspx. There is no cost to use the service. From the calendar, you can search by date or state and follow the links to the training provider. Any EPA-accredited training provider can post their training at this site at no charge. It is the best location to find out what training is available.
After April 22, 2010, every renovation project will have to have one certified lead renovator supervising it to be in compliance with the rule. There is likely to be a big rush as the April 22, 2010, deadline approaches. EPA estimates that 235,000 people will need to complete the training.
We believe that subcontractors can operate under the supervision of a company’s Certified Lead Renovator. In this situation, a Certified Lead Renovator will need to provide the subcontractor with on-the-job training. However, the restoration firm will be accepting responsibility for their performance. If a restoration firm doesn’t want to be responsible, the subcontractor will need to have their own certified lead renovator and become a certified lead renovation firm.
3. Get Certified: Unless a restoration firm is able to stay out of housing and child-occupied facilities built before 1978, it will need to become a Certified Renovation Firm. Think of it as a business license from EPA that allows an organization to conduct renovations— even emergency renovations—under the RRP rule.
To become a Certified Renovation Firm, a company will need to
apply to EPA after October 22, 2009, and pay a fee of $300. A firm
does not have to name a certified lead renovator in its application. Once certified, a firm holds this status for five years. EPA says it will be a short and simple form that a company submits on-line or in hard copy. In essence, a firm will be promising to follow the rules including having a certified lead renovator supervise the work and applying to EPA to become a Certified Lead Renovation Firm. It is a one-page application with an associated fee. A certified renovator does not need to be identified to apply.
4. Phase-In Work Practices: For work covered by the RRP rule,
except for emergency renovations, a firm will need to follow specific work practices. These work practices consist of:
- Protect Occupants—Post signs and warn occupants. Keep them out of the work area.
- Containing the Work Area—Isolate the work area so that no dust and debris leaves the space. Think lots of plastic sheeting!
- Don’t Use Certain Work Practices—No open-flame burning or torching of paint. Machines that remove paint through high-speed operation must have High Efficiency Particulate Air (HEPA)-filtered exhaust control. No heat guns operating above 110 degrees Fahrenheit.
- Manage Waste—Contain dust and debris from waste.
- Clean the Work Area—Use wet methods and HEPA vacuums to clean the entire work area.
- Cleaning Verification—(See above.)
It is recommended that each company work through these practices after the crew chief and supervisors have completed the training and better understand how it will affect the work they do. It is easier to phase-in the work practices to make sure the company will be ready when the rule goes into effect. It is not as efficient to do it all at once. Waiting until the
compliance deadline to begin may also increase mistakes that could create liabilities for the firm.
Also make sure to have systems in place to recognize a child-occupied
facilities. They may be located in office buildings and retail operations as well as residences. According to 40 CFR 745.82 a “Child-occupied facility means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least three hours, the combined weekly visits last at least six hours, and the combined annual
visits last at least 60 hours.”
5. Update Information Management Systems: Like all rules, the
RRP rule requires detailed record keeping. Despite one’s best efforts, record keeping is often the toughest to get right without a system in place to manage it. Keep in mind, when the EPA conducts an inspection, it is likely to review records for the three years for which a firm must maintain the records.
Keep the record keeping requirements in mind. Upgrades to the
information management systems are planned. Better to integrate
with a scheduled upgrade instead of having to patch it together later.
6. StayTuned: Use the resources listed below to stay in touch with the rule as it evolves. EPA estimates that 235,000 people will become Certified Lead Renovators before April 22, 2010. They will train more than 330,000 workers on-the-job and 204,000 firms will become Certified Renovation Firms. When the rule goes into effect, EPA estimates that between 4.4 and 8.4 million renovation events will take place each year. With a rule of this magnitude there will be updates and refinements.
It is entirely possible that the rule will be changed before April 22, 2010. Several organizations have challenged the rule including the National Association of Home Builders and the Sierra Club. In addition, EPA is obligated by law to extend the rule or a variation of the rule to public and commercial buildings built before 1978 and to commercial buildings that may create lead hazards during renovation. While this rule making still has a long way to go— EPA has not yet proposed a rule—it may eventually reach far beyond housing and child-occupied facilities.
Penalties and Citizen Suits
EPA can assess a civil fine of $37,500 for each violation of the rule for each day of a violation. If a firm is not careful, it can commit multiple violations on a single project. In addition, citizens can sue certified renovators and certified renovation firms to force compliance with the rule. They can collect attorney fees and expenses.
The Restoration Industry Association is taking a pro-active approach to educating its members through magazine articles, webinars and live courses around the country. Education and early preparation are the best means of making a smooth transition to compliance with this new regulation.
Resources:
–Healthy Homes Training Calendar – www.nchh.org/training/calendar/aspx.
- EPA’s Renovation, Repair and Painting Rule Webpage – www.epa.gov/lead/pubs/renovation.htm
- HUD’s Lead-Safe Housing Rule –
www.hud.gov/offices/lead/enforcement/lshr.cfm
- National Center for Healthy Housing’s (NCHH) RRP Training Network – www.healthyhomestraining.org/rrp
- Alliance for Healthy Homes (AFHH) RRP Train-the-Trainer Program –
www.afhh.org/res/res_training_RRP_train_the_trainer.htm
- Small Business Compliance Guide for the RRP Rule –
www.epa.gov/lead/pubs/sbcomplianceguide.pdf
Labels: Lead, Legal, Safety Compliance
Lead Paint Regulations - Part I
What Contractors Need to Know”
On April 22, 2008, the Environmental Protection Agency (EPA) issued a
final rule under the authority of § 402(c)(3) of theToxic Substances
Control Act (TSCA) to address lead-based paint hazards created by
renovation, repair and painting activities. The rule requires contractors to adopt certain safety measures while performing general renovation work that disturbs lead-based paint in target housing and child-occupied facilities constructed before 1978.
performing renovations that disturb painted surfaces. The EPA is authorized to impose harsh fines and penalties for non-compliance with the rule, and knowing or willful violations of its provisions by contractors or firms may even result in imprisonment. It is important to emphasize that the rule applies to any work that involves the disturbance of lead-based paint, regardless of whether the contractors or firms actually perform painting work or are labeled as painters.
Regulation and Provisions Contractor Compliance
The rule defines a renovation as any modification of an existing structure that results in the disturbance of painted surfaces unless the work is part of an abatement. The rule applies to work done on target housing constructed before 1978 and “child-occupied facilities,” except:
does not apply to window replacement work, the demolition of painted surfaces, or renovations involving open-flame burning or torching, machines that remove paint through high-speed operations without exhaust control, or the use of a heat gun at temperatures at or above 1100 degrees fahrenheit.
under age six or pregnant woman resides, so long as the housing does not meet the definition of “child-occupied facility,” and provided that the contractor or renovation firm obtains a written statement from the owner confirming that no children under age six or pregnant women reside in the building before beginning the renovation.
pamphlet available upon request. Firms are required to maintain
documentation of compliance with these requirements.
The rule includes training, certification and accreditation requirements for firms and contractors performing renovation work. Each renovation project covered by the final rule must be performed and/or directed by a certified renovator who has undergone training in an EPA-accredited training program or course that lasts a minimum of eight hours.
work area after the renovation is completed. These activities may also be performed by workers who have received on-the-job training by a certified renovator. The certified renovator, however, must be present at the site while the tasks are performed to ensure that they are done correctly under the regulation’s work practice standards, and must perform a post-renovation cleaning verification.
Labels: Lead, Legal, Safety Compliance
Wednesday, August 12, 2009
Importance of Employee Documentation
Favorable FLSA Decision for Employers... But Tread Lightly
From the Management Association of Illinois
by Lisa Calloway, JD, SPHR, Vice President/General Counsel
The Seventh Circuit Court of Appeals (covering Illinois, Indiana and Wisconsin) recently ruled that an employee who failed to commit his Fair Labor Standards Act (FLSA) complaints to writing could not move forward with his case. Kasten v. Saint-Gobain Performance Plastics Corporation, 7th Cir., June 29, 2009).
Kevin Kasten was employed by Saint-Gobain Performance Plastics Corp., located in Portage, Wisconsin. Saint-Gobain had a policy requiring hourly employees to use a time card to swipe in and out of time clocks located in the plant.
During 2006, Mr. Kasten received three disciplinary notices (one verbal and two written) for failing to adhere to the time clock policy. The third notice, which was issued in November 2006, was accompanied by a one-day suspension. With the third notice, Mr. Kasten was warned in writing that "[t]his was the last step of the discipline process" and if another violation occurred, further discipline (including termination) could result. Mr. Kasten signed each notice, acknowledging that he read and understood them.
Finally, on December 11, 2006, Mr. Kasten was terminated for failing to swipe his time card for the fourth time.
Mr. Kasten claimed that from the period of October through December, 2006, he repeatedly complained to his supervisors and HR that the time clock was in a location that prevented employees from being paid for time spend putting on their required personal protective equipment (PPE). Specifically, he argued that the location of the time clock meant that he and his co-workers had to don their PPE and then clock in; thus they were not paid for the donning of their equipment.
Mr. Kasten filed suit claiming the following section of the FLSA was violated:
“[It] shall be unlawful for any person…to discharge or in any manner discriminate against any employee because such employee has filed a complaint…”
29 U.S.C. Section 215(a)(3).
The court found that Mr. Kasten had not engaged in protected activity as he had not “filed a complaint” regarding the time clock location. His verbal complaints, which the company denied had been made, were not sufficient to trigger the protections of Section 215(a)(3). In order for the statute to be triggered, the complaints had to be written. In sum, it is likely that the court would have permitted Mr. Kasten to proceed with his claim if he had filed a written complaint with his supervisors or HR.
It is noteworthy that the Sixth, Eighth and Eleventh Circuit courts have ruled that such verbal complaints are deemed filing a “complaint” and sufficient to trigger the protection of the FLSA. Also, the Secretary of Labor, in an amicus brief in this case, argued that the FLSA retaliation provision should be read broadly to include such verbal objections.
The Kasten case is, however, one in a growing trend of FLSA and wage and hour violation cases. Employers must pay attention to these cases and adjust policies and practices to comply.
The other day, I opened an e-mail alert from a labor and employment law research site that sends me periodic updates. Six of the eight substantive stories were on FLSA actions, all of which involved class actions. The class action lawsuit is a plaintiff attorney’s dream. Moreover, the FLSA has become the perfect forum in which to bring such actions. Take the following example:
Employer improperly fails to pay one employee one hour of overtime per day x 5 days a week = 5 hours
5 hours @ $9.00 hour = $45
x 1 ½ (the overtime pay rate) = $67.50 per week
x 50 weeks/year = $3,375
x 2 years (the statute of limitations on a FLSA claim, although the Department of Labor can go back three years for “willful violations”) = $6,750
x number of employees = ?
+ attorneys’ fees = ? (this is by far the largest expense in the calculation and it is generally an unknown number until after the litigation is concluded.)
+ liquidated damages (equal to the amount of back pay), court costs and fines of up to $1,000 per violation. Willful violators may be criminally prosecuted and fined up to $10,000 per violation.
So, in sum, these can be very costly lawsuits. If a plaintiff’s attorney petitions for and wins class action status, then the costs rise exponentially.
What the Kasten case teaches employers is that written complaints, no matter how cryptic, must be taken seriously and investigated immediately. Moreover, an employer that has a written complaint procedure, extending to all complaints and requiring that complaints be made in writing, will further protect itself against such actions.
Labels: employees, Labor Relations, Legal
Tuesday, August 11, 2009
Safety Orientation Considerations
The following article is a condensation from the "Safety News Alert" newsletter from BLR (http://www.blr.com). It provides information on developing a safety orientation program.
New employees lack familiarity with your workplace, processes, chemicals, safety hazards, and safety practices—all of which puts them at greater risk than your seasoned veterans. That’s why your safety orientation program has to be efficient, hard-hitting, and packed with information.
Too often, orientation is considered a necessary evil. It’s not given sufficient attention by some employers, who see the time employees spend in orientation as lost production rather than as an investment in safety and protection.
For their part, new workers are frequently bored and distracted during tedious "talking head" sessions. Even if they are pleased to have paid time off from regular duties, that still doesn’t guarantee they’re going to be paying attention.
But when orientation is done right, everybody gains. Safety orientation is an excellent way to get new hires on board, to shape their safety attitudes, and to bring them up to speed on your policies and programs.
It’s also your first official opportunity to educate them about your organization, your expectations, and the importance of safety. This is the time when you set the tone, letting employees know you care about them, and that you have rules and procedures in place to keep them safe.
You Don’t Know What They Don’t Know
The most important aspect of orientation is the informational content. Remember that many new employees are young and lack the knowledge and experience necessary to jump in and work safely without a solid orientation.
Since you don’t know what they don’t know, and what they don’t know can hurt them, make sure your safety orientation starts on day one and covers all the basics, including:
- General site hazards
- Specific hazards involved in each task the employee may perform
- Safety policies and work rules, including accident-prevention strategies and injury-reporting procedures
- Location of emergency equipment like fire extinguishers, eyewash stations, and first-aid supplies
- Smoking regulations and designated smoking areas if you have them
- Steps to take following an accident or injury
- Proper reporting of emergencies, accidents, and nearmisses
- Selection, use, and care of personal protective equipment
- Emergency evacuation procedures, routes, and security systems
- Safe housekeeping rules
- Safe use of tools and equipment
- Safe lifting techniques and material-handling procedures
- Hazardous materials in use and location of material safety data sheets
There are those employers who also like to include information about the costs associated with various types of accidents. Some companies even choose to bring in an employee who has been injured to explain what happened and the effect of the injury on the employee and his or her family.
Sound a bit too negative for an upbeat orientation session? Those who have tried it say a first-hand account of an accident and its aftermath can capture new workers' attention like little else.
Labels: employees, Safety Compliance, Safety Management, Training
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