Date: June 20, 2018
Time: 9 AM – 10 AM PT + 15 minutes Q&A
Speaker: Cynthia R. C. Sefton
Slides: Click Here

Regardless of the industry or business, it is very unlikely for a senior manager to suggest that he or she does not support safety at the workplace. Messaging about the importance of health and safety is common in today’s world, both inside the business and externally. But how does that translate into substantive steps to achieve the result, especially when workers and resources may be stretched to or beyond capacity?

This webinar will identify practical methods of showing managers not just why safety is important, but why it is absolutely the best choice for the continued success of their business and its people.

Cynthia R. C. Sefton

Cynthia Sefton is a partner and member of Aird & Berlis LLP’s Workplace Law Group and Occupational Health and Safety Team. With over 35 years of experience, Cynthia advises owners, employers, supervisors and workers across various industries on a broad range of occupational health and safety matters. She counsels clients on health and safety inspections and violations, policies and procedures as well as liability resulting from critical injuries and fatalities. Cynthia also works proactively with clients to implement and improve occupational health and safety programs and provides training for management and front-line personnel on how to minimize and manage risk in the workplace.

Date: July 18, 2018
Time: 9 AM – 10 AM PT + 15 minutes Q&A
Speaker: Alka Ramchandani
Slides: Click Here

One of the largest challenges employers have is ensuring that their employees are receiving training that covers all of the necessary elements, which also resonates with employees to reduce complacency. What follows are tips on how safety trainers can develop their programs to resonate with employees and ensure that they are developing an understanding of consequence. Please join us for a webinar that covers these elements:

1. Developing a safety training program that is easy to understand;
2. Ensuring your employees are engaged in the training program;
3. Ensuring your employees resonate the teachings behind the program;
4. Commendation and Awards and how they impact your training program; and
5. Take away tips to ensure you have an effective training program.

Alka Ramchandani-Raj, Littler Employment & Labour Law Solutions Worldwide

Alka Ramchandani-Raj advises and counsels employers on employment law issues. Her primary focus is on California
Occupational Safety and Health Administration (OSHA) matters. Alka assists employers in pre-injury/incident
preventative practices and post-crisis/incident litigation as well as general employment litigation. Her practice includes:
• OSHA defense litigation
• OSHA prevention practices
• Retaliation and whistleblower litigation
• Discrimination and harassment litigation
• EEOC/DFEH/DLSE Agency defense litigation
• Advice and counsel on policy and procedure development, employee discharge and discipline, and wage and hour
compliance
Alka also regularly speaks to business and industry groups on labor and employment topics.

This session is sponsored by Cornerstone.

With Cornerstone’s learning management software, move beyond the traditional learning management system (LMS) and reinvent the way learning and development initiatives make an impact on employees. Deliver all kinds of learning and training through a platform your employees will actually use. Provide collaborative tools that engage learners and enable peer-to-peer knowledge capture & sharing to extend learning impact. From recruitment, onboarding, training and collaboration, to performance management, compensation, succession planning, people administration and analytics, Cornerstone is there at every phase of the employee lifecycle. The company’s solutions are used by more than 3,250 clients worldwide, spanning more than 36 million users across 192 countries and 43 languages. Learn more at www.cornerstoneondemand.com. Cornerstone is designed to enable a lifetime of learning and development that is fundamental to the growth of employees and organizations.

Speaker: Richard Hawk

Our webinar speaker Richard Hawk has spoken to and worked with a wide variety of industries including oil and gas, energy utilities, medical, production, military and mining. He is a popular international speaker and trainer including being a keynote speaker three years in a row at the largest safety convention in the world sponsored by the National Safety Council. Hawk has also been a featured speaker at NASA.

Richard has written several articles and books including The Safety Leaders Guidebook and has his own monthly column in Safety & Health Magazine that helps safety leaders stay inspired. Now in its 18th year his “Safety Stuff” e-zine is a clearing house of ideas for thousands of safety leaders around the world.

Hawk is an accomplished musician, actor and avid pool player who lives with and obeys his wife of 40 years Jackie in Southern New Jersey.
During this webinar Richard is going to share Practical Tips and techniques that will help you communicate more effectively. Plus, it’ll be fun!

Richard spent more than 15 years working in the safety industry — first as a safety engineer for a nuclear power plant and then as a safety consultant for a wide variety of industries — before becoming a keynote speaker. Richard’s depth of knowledge and experience make for content-rich sessions. And his energetic speaking style makes his presentations upbeat and exciting for attendees.

Richard Hawk helps companies around the world create more vibrant safety cultures by showing them how to make safety fun. As a professional speaker, author and musician, he also inspires employees to focus better and enlightens safety leaders about ways to increase their influence.

Speaker: Natae Bugg

According to the Toronto-based Institute for Work & Health, only 1 out of 5 new workers receives safety training. Sadly though, that’s exactly when new workers are the most at risk for injuries. Numerous studies over the last several decades have proven this to be true.

Knowing this, what can you do to reduce the risk new employees, or those employees new to a job, face during the first months at a new job?

In this webinar, A Better Way to Onboard, we will answer that question by looking at these questions:

1. Does age or experience have more influence on the chances of being injured?

2. What are the risk factors that contribute to new workers being more at risk?

3. What are the elements of a successful onboarding program?

A crane collapse at the site of a new police headquarters in Florida, barely missed workers on the ground of the construction site. You can see in this video workers scattering and running as the crane boom and its load descend towards the workers below.

The Tampa Bay Times reports the crane was carrying a scissor lift weighing about 1,000 pounds. A worker told the newspaper that an operator who was inside the crane when it collapsed “limped away” after it fell.

No details yet on why the crane collapsed, but it’s certain an investigation is in the very near future. Investigators will review the crane’s maintenance records, the crane operator’s training and qualifications, as well as the load the crane was hoisting and numerous other factors during their investigation.

The workers on the ground were lucky to get away with their lives. It’s a sobering reminder to stay out of the crane’s swing radius and never walk under the boom or a suspended load.

You can use our newest Safety Talk – Crane Safety  – to review with operators and workers on the ground, the dangers of crane work and how to protect themselves.

Here are seven facts relating to confined spaces:

1. 1 confined space fatality occurs every four days on average in workplaces across the United States. (US Department of Labor)
2. Toxic gases present 2 risks: chemical asphyxiation (smothering) and irritation to the human respiratory system, skin and eyes.
3. 4 dangers of confined spaces are oxygen deficiency or oxygen enrichment; fire/explosion; the potential to drown in liquids or solids; and toxic atmospheres.
4. 10 examples of confined spaces are vessels, tanks, storage bins, silos, vaults, pits, manholes, sewers, septic systems and pipelines.
5. About 50 percent of confined space deaths in Canada result from insufficient oxygen. (Labour, Government of Canada)
6. 60 percent of the people who die in confined spaces are would-be rescuers attempting to help fallen co-workers. (OSHA)
7. 61  percent of confined space fatalities in the US occur during construction, repair or cleaning activities. (US Department of Labor)

What’s at Stake?

Regular inspections are an effective way to monitor conditions and procedures to ensure that company standards, as well as regulatory requirements, are being followed.

Unless your workplace is perfect, the result of an inspection will be an inventory of problems, potential problems and corrective measures.

What’s the Danger?

If you aren’t actively and regularly looking for safety hazards, they can lurk out of sight and out of mind until something serious happens. The best way to find these hidden hazards is to assign as many people as possible to look for them. That’s why safety inspections are part of your job — no matter what job you do.

How to Protect Yourself

All inspections should be carefully documented, and the inspection program should include managers, supervisors, safety committee members, employees, contractors and subcontractors.

General site inspections should include all field and office locations, maintenance shops, work camps and company leisure areas such as lounges and cafeterias. Inspection schedules should be based on potential hazards at the sites and the severity of risks posed by the work.

For example, weekly inspections might be justified for a gas processing facility, while monthly would be adequate for a warehouse or shop.

Site inspections should include:

1. Physical layout and conditions of the site, including terrain, season and weather.
2. Identification of hazardous materials being used and handled and the condition of equipment and tools.
3. Work practices and the behavior of people at the site as well as the level and quality of supervision.

Examples of hazards to look for:

• Slipping and tripping hazards. Blocked exits; and faulty or missing emergency equipment.
• Improper or missing signs.
• Faulty machinery, cables and securing devices; as well as faulty electrical equipment and connections.
• Confined spaces. Difficult terrain that makes vehicle or worker movement dangerous.
• Flammable, corrosive or explosive materials, dangerous gases, hazardous chemicals; and missing safety data sheets.

You and your co-workers should be observed and questioned to ensure you understand and are following standard work procedures and using the tools and equipment properly.

Someone should also be checking to make sure you are using personal protective equipment (PPE) and other safety gear correctly.

You should also be regularly drilled in emergency response procedures.

Final Word

When everyone is a safety inspector and when everyone is on the lookout for dangers, hazards have nowhere to hide.

What’s at Stake?

Ah, the beauty of spring, flowers blooming and trees budding. However, this beauty often comes at the expense of strong storms, tornadoes, torrential rain and flooding. If you don’t have a plan and you don’t use your head, you could end up dead. It’s that simple.

What’s the Danger?

More than 1,000 tornadoes occur every year, with the death toll varying depending on how active and serious the tornado season is. It can be under 20 in some years or over 500. That was the tragic reality back in 2011, when 553 people lost their lives.

Tornadoes are fierce, fast and scary but would it surprise you to know that flash flooding is consistently a leading cause of weather-related deaths in the US? Approximately 200 people die each year from flash floods and more than 50 percent of flood-related drownings are vehicle related.

Lightning is another deadly by-product of spring weather. Just like tornadoes and flooding, lightning strikes can happen in any month, but spring is an especially active time. Lightning strikes kill an average of 30 people a year.

How to Protect Yourself

The first step in protecting yourself from spring storms is to be prepared and alert. Pay attention to the sky, weather conditions and weather warnings and alerts.

Put together an emergency supply kit with at least 72 hours’ worth of food and water. It’s not uncommon to be stranded or without water and electricity for three or more days after a weather emergency.

If the weatherman advises you to take cover, do so immediately! Know where to seek shelter at work and at home. In the case of thunderstorms, protect yourself from the wind, lightning and potential hail. Take shelter inside a building or covered area. Stay away from windows. Remember, even if it’s not raining, you can still be struck by lightning; so get to a safe place quickly if you see lightning.

In the event of a tornado, you want to go to the lowest floor possible. If there is a basement, go to it and crouch down under the stairs if possible. If there isn’t a basement, or you don’t have time to get to one, go to the nearest interior room, such as a closet or bathroom. Stay away from windows. Use a blanket or mattress to protect against flying debris. If possible, try to avoid being in a building with a wide-span roof, such as an auditorium, church or hall. These roofs are vulnerable to collapse in a tornado.

If you’re driving, safely park your car and get to a building. If you can’t get to a building, get away from the car, lie flat and face down in low ground and stay far away from other cars or trees.

Because of snowmelt and heavy rain from thunderstorms, flooding is common in the spring. Just six inches of fast-moving flood water can knock over an adult. People underestimate the force and power of water. It takes only 12 inches of rushing water to carry away a small car and two feet of rushing water can carry away most vehicles. It is NEVER safe to drive or walk into flood waters. The best advice when you come across standing water in the road is “Turn around, don’t drown!”

FINAL WORD

Take time to learn about the spring weather hazards common in your area. With a little forethought, planning and awareness you can reduce the mayhem of spring’s unpredictable and often deadly weather!

Safety Talk

What’s at Stake?

A confined space does not necessarily mean a small, enclosed space. It could be rather large, such as a ship’s hold, a fuel tank or a pit.

A confined space has three defining features:

1. A confined space is large enough to enter and perform work.
2. The second defining feature is it has limited means of entry or exit. Entry may be obtained through small or large openings and usually there is only one way in and out.
3. The third defining feature is that confined spaces are not used for continuous or routine work. In other words, you wouldn’t set up your office or the break room in a confined space.

All confined spaces are categorized into two main groups: non-permit and permit-required. Permit-required confined spaces must have signs posted outside stating that entry requires a permit. In general, these spaces contain serious health and safety threats including:

1. Oxygen-deficient atmospheres
2. Flammable atmospheres
3. Toxic atmospheres
4. Mechanical or physical hazards
5. Loose materials that can engulf or smother

What’s the Danger?

Although the danger in a confined space is obvious, the type of danger often is not. For example, a confined space with sufficient oxygen might become an oxygen-deficient space once a worker begins welding or performing other tasks.

Confined spaces are dangerous for many reasons.

• Poor ventilation can cause an accumulation of toxic gases or hazardous airborne substances, or a lack of oxygen.
• Moving equipment, slippery or dangerous surfaces, electric shock hazards, falling objects, water or other liquid contents, chemicals or extreme temperatures.
• Noise, poor visibility or shifting materials such as grain or sand could be present.

How to Protect Yourself

7 easy ways to keep yourself safe

1. Be prepared

• Attend training and pre-job briefings. The minimum is before starting work on the site, the ideal is daily. The briefing should cover:
  • hazards associated with the job;
  • special precautions;
  • energy-source controls;
  • work procedures involved;
  • personal protective equipment requirements.
• Only use tools and equipment suitable for the potential hazards in the space. Non-sparking tools shouldn’t be used in a potentially flammable space.

2. Protect the zone

• Separate and barricade the entry work area.
• Ensure signage is clear, easy to read, and in place.

3. Testing, testing, testing

• Before you go into the space, check it has been tested by a qualified person.
• Atmospheric test monitoring needs to occur near the surface of the opening, midway into the enclosure and near the bottom of the enclosure.
• Make sure there is continuous monitoring in place while you are working.
• Documentation of the tests should be available on the site and available to read.

4. Get out if it changes

• If the attendant or entry supervisor tells you to get out of the space – you must get out as quickly as you can and stay out until you are told it is safe.
• To do this, know where your exit(s) is and how to get out.
• If a retrieval device is available:
  • Wear your safety harness connected to the retrieval device.
  • Check someone is available who can use the retrieval device correctly.
• Remember! Properly trained rescuers with self-contained breathing systems and emergency equipment must be available to perform rescue.

5. Just breathe

• Fresh air ventilation should be available to ensure the proper level of oxygen is present to:
  • Support life;
  • Prevent heat exhaustion; and
  • Prevent worker fatigue.
• Use a respirator if working conditions make it necessary.

6. Do not start a fire

• If the space contains energized cable an arc flash in the space may occur.
• Burning insulation creates toxic fumes; so, does burning many other materials.

7. You are in

• When you enter the space, look around to check for:
  • structural changes due to weather, heavy traffic vibration;
  • low suspended pipe, cable trays and equipment;
  • any pressurized or energized equipment; and
  • water due to rain, sewage seepage, etc.

Final Word

Confined spaces can pose serious hazards. But if you follow simple procedures, these spaces don’t have to be so threatening.

What’s at Stake?

Many types of ladders are available, and each is designed to do a certain kind of work. There are stepladders made for industrial, commercial, and household use. There are single ladders, sectional ladders, extension ladders and rolling ladders. Ladders may be made of wood, fiberglass or metal, and they may be portable or fixed.

And it’s a good thing there are so many options, because using a ladder is a safer alternative to using a makeshift climbing device, like a chair, or an improvised work platform, such as an old box. However, forgetting or failing to pick the right ladder and/or inspect the ladder you pick, puts your safety in jeopardy.

What’s the Danger?

Each year thousands of people are injured while using ladders. Anyone who uses the wrong ladder for a job or uses one that is defective is courting trouble. Consider this story…

An employee was climbing a 10-foot ladder to access a landing that was nine feet above the adjacent floor. The ladder slid down, and the employee fell to the floor, sustaining fatal injuries. Although the ladder had slip-resistant feet, it was not secured, and the railings did not extend three feet above the landing.

How to Protect Yourself

The first step in doing any job correctly and safely is pre-planning. In the context of ladder safety, that means selecting the ladder that’s right for the job and ensuring it’s safe to use.

How to Choose the Right Ladder

Ladders must be of the right:

Length: It’s important to note the length of the ladder is not the same as the maximum
working length or highest standing level.

Strength: For example, some lightweight ladders are only designed
to hold a maximum of 200 pounds.

Type: Does the job require a stepladder or an extension ladder? Maybe you
don’t need a ladder at all. Perhaps what you really need is a scaffold?

Material: Take a minute and think about the job you’re going to do. Will you
be working around electrical power sources? If so, do not use a metal ladder.

How to Inspect a Ladder

You’ve picked the right ladder for the job; now it’s time to inspect it. Here are seven things to check:

1. Your shoes. Don’t wear leather soles because they’re often slippery and unsafe. Check your shoes are free of mud, grease, oil and snow. And if you’re working with electrical equipment, make sure there are no nails or screws lodged in the soles of your shoes.
2. The ladder’s shoes. Ladders should have non-skid safety feet and be in satisfactory condition. Do not use a ladder whose safety feet are loose or worn.
3. The whole ladder, including the siderails for flaws and cracks, and the rungs for looseness. A twisted or distorted aluminum ladder (especially a long one) is extremely hazardous and should never be used.
4. The siderails and rungs for sharp edges. These can usually be filed down. But if extensive repairs are required, they should always be done by a qualified service person.
5. The pulleys and extension locks on extension ladders to ensure they’re functional and in proper working order. Ropes should be replaced if they show signs of aging or wear.
6. The whole ladder for dents, rust or corrosion. Some chemical compounds such as potassium hydroxide, hydrochloric acid, sulfuric acid and ammonia are known to corrode and weaken aluminum over time.
7. The whole ladder for loose rivets and fastenings and other signs that the ladder needs replacing.

Final Word

Don’t let the unsafe use of ladders be your downfall! Choose the right ladder for the job and inspect it for defects. And remember, these are good safety tips to follow when clearing out the gutters at home this weekend.

WHAT’S AT STAKE?

Traffic control during roadwork is necessary to keep workers and road users safe when the usual traffic pattern is changed or restricted. Traffic control signs and traffic controllers, or flaggers, help to keep road crews safe by alerting drivers to upcoming construction zones, new traffic patterns, and to expect workers in the area

WHAT’S THE DANGER?

On general construction sites, everyone working there knows of the hazards and the rules to follow to keep everyone safe. However, road construction sites are different. They have members of the public driving through them, and these drivers are not always aware of the risks to themselves and the road workers.

Hazards for traffic controllers include:

• collision with vehicles;
• being clipped by wing mirrors;
• construction debris flying up; and
• abusive road users.

HOW TO PROTECT YOURSELF

8 easy ways to keep yourself safe:

1. Be prepared.

• Be properly trained.
• Know the traffic management plan.
• Check any equipment to ensure it is in good working order.
• Wear your PPE.

2. Stay in touch.

• Work as a team with other traffic controllers.
• Check how you are communicating with other traffic controllers.
• Take your scheduled breaks so you can stay alert and focused.

3. Be in the zone.

• Familiarize yourself with the traffic control zone.
• Check that all signage, barriers, etc., in your work zone are correctly placed.
• Check that all signage, barriers, etc., are visible in varying conditions, e.g., daylight, inclement weather.

4. See…

• Stay alert.
• Always look at oncoming traffic.
• Do not have or use distracting devices, e.g., cell phone, music player.

5. … and be seen.

• Wear high visibility jacket and hard hat.
• Stand where you can be seen… but not hit!

6. Stopping traffic.

• Hold the sign away from your body.
• Allow drivers time to stop.
• Don’t assume drivers will stop until they are stationary.

7. Go, go, go.

• Confirm with the other traffic control person that it is safe to let traffic resume.
• Move out of the travel lane when you release traffic.

8. Expect the unexpected.

• Know what to do in an emergency.
• Do not argue with motorists and call for assistance if you feel threatened.
• Note the license plate and call the police if you see a breach of a highway traffic law.

FINAL WORD

Traffic controllers play a vital role in keeping road workers, motorists, and themselves safe around roadwork.

What’s at Stake?

Many types of ladders are available, and each is designed to do a certain kind of work. There are stepladders made for industrial, commercial, and household use. There are single ladders, sectional ladders, extension ladders and rolling ladders. Ladders may be made of wood, fiberglass or metal, and they may be portable or fixed.

And it’s a good thing there are so many options, because using a ladder is a safer alternative to using a makeshift climbing device, like a chair, or an improvised work platform, such as an old box. However, using a ladder incorrectly can result in serious, even fatal injuries.

What’s the Danger?

Broken bones and head injuries are common results of falls involving ladders. In addition, workers can be shocked or electrocuted when a ladder contacts an energized line, cable, or piece of equipment.

How to Protect Yourself

Here are 10 ways to work safely when using almost any portable ladder.

1. Make sure you use the best ladder for the job. It should be the right design and constructed of the right material.
2. Do not use the ladder for any purposes other than those recommended by the manufacturer.
3. Never use a metal ladder or wire reinforced wood ladder when working near a live electrical conductor.
4. Remember, your weight and the weight of materials and tools on the ladder should not exceed the recommended load limit.
5. Examine the ladder for any defects or damage. Check for looseness between the rungs and the siderails and check moving parts and bindings for too much play. Check for split or cracked wood, corroded metal, and frayed ropes.
6. Wooden ladders should not be painted because this can hide defects; instead, they should be coated with a clear lacquer.
7. If you find a problem with the ladder, immediately take it out of service so it can be repaired or destroyed. Tag it “Do Not Use.”
8. Position the ladder correctly, the way it was designed to be used. Place the base on a solid, non-slip surface. Both siderails should be supported at the top unless the ladder is designed to be used with a single support attachment.
9. A straight ladder should be set up using the four-to-one rule. For every four feet that goes up in height, the base of the ladder should be placed one foot away from the wall.
10. Use both hands while climbing. Do not carry tools or materials in your hands; carry small tools in a belt and use a hoist for larger items.

Pro Tip: Ladders are also common in our homes, used for construction, painting, pruning and cleaning projects. Follow these same tips to use them safely.

Final Word

It doesn’t take long for you to select the right ladder for a job, set it up properly, and use it safely.

Presenter: Don Dressler

According to NIOSH, approximately 430 workers died in from exposure to environmental heat over a 15 year time period. The number of reported cases of workers suffering from heat related stress is estimated to be well over 10 times that amount. Every employer with employees who work outside needs a comprehensive Heat Stress Program is in place.

There are proven strategies that you can implement that may not keep your employees cool but that will protect them in high heat conditions.

This Heat Illness Prevention webinar will help employers learn how to protect employees from high heat exposure. It will:

• Discuss why acclimation is vital for keeping workers safe;
• Describe in detail the four essentials of heat illness prevention;
• Review what OSHA requires in terms of keeping workers safe in the heat;
• Recommend how to put together written procedures that comply with the standards and provide a backbone for a heat illness training program;
• Describe what the environmental risk factors are for heat illness;
• Suggest how to assess and evaluate work environment controls and whether they will reduce heat-related illnesses;
• Review how to train your employees and managers to recognize the signs of heat stress, and what they should do before they do anything else;
• Recommend what to do in the event of heat illness or emergency and the necessary first-aid steps to take to save lives;
• Recommend ways to identify and evaluate resources to assist in developing your Heat Illness Prevention Program.

The new administration in 2017 brought significant changes and questions about compliance issues for employers. Now, nine months into the reign of the new administration, these changes are starting to take form in new citations. In this webinar we will discuss the new hot areas for OSHA compliance and citations, including:
• Changes with Injury and Illness Prevention Regulation
• Changes with Recordkeeping Compliance
• Changes in Reporting Compliance
• Changes in Citations and Penalties
• New Heat Illness Regulations
• The Beryllium Rule
• And, Fall Protection Updates 

The goal of an incident investigation is to uncover what happened and why it happened so the right set of corrective actions can be taken. A large part of the “WHAT” and the “WHY” will come from victim and witness interviews. The depth and quality of the information you get during those interviews has a lot to do with how you are as interviewer.

Communication is a large part of your role as a supervisor or safety person, but it’s not necessarily something you are taught to do or feel comfortable doing. The good news is picking up just a few key communication strategies can make a big difference.

Practicing active listening is one way you can improve your interviewing technique and your communication skills overall. Here are four steps to help you become a more active listener.

Step 1 – Tune In

• Don’t get caught up thinking about what you’re going to ask next, or how you’re going to reply. In other words, pay attention, or you’ll miss what’s being said.
• Listen differently. Don’t just listen to the words being spoken, be aware of the interviewee’s tone of voice, facial expressions, and body language.
• Don’t interrupt. Make a quick note of the thought and come back to it when it’s your turn to speak.

Step 2 – Show You’re Listening

• Your body language can say a lot to the victims and witnesses. If you’re sitting with your arms folded across your chest and frowning, shaking your head, or even a rolling your eyes, these are not signals that say you are someone to trust and confide in.
• Nod your head, smile when appropriate, keep your posture relaxed and open.
• Use encouraging words such as yes, mm hmm, or go on.

Step 3 – Repeat and Confirm

• Check for understanding by repeating and summarizing, in your own words, what the interviewee said.
• Ask questions to clarify important points and anything you’re not sure you understand. “What do you mean when you say…” or “Can you tell me more about…”
• Avoid questions with a simple yes or no answer. Instead opt for open-ended questions such as, “Tell me what you heard before the incident occurred.” your next question is or what you

Step 4 – Thoughtful Follow Up

• Continue to ask clarifying questions and answer their questions.
• Summarize the conversation and ask if the interviewee if they have additional comments.
• Explain to them any relevant next steps in the interview and investigation process.

Active listening is about putting distractions aside and focusing on the person you are talking to, or, in the case of an incident investigation, the person you are interviewing. It takes some practice, but even using a few of the suggestions we just covered (i.e. asking open-ended questions and not interrupting) can have a positive impact on the interviewing process and your communication skills.

Recorded: Wednesday April 12, 2017
Slides: Click Here
Title: Meeting Obligations Under the OHSA When Hiring Contractors
Speaker: Frank Portman, Associate

Employers both in and out of construction require other companies to work on their premises. Whether it’s in a traditional subcontracting relationship on a construction site or there are employees on site performing repair, delivery or other work in an industrial or commercial facility, the modern workplace is frequently, if not inevitably, a multi-employer site.

This economically necessary model presents safety challenges to owners and primary employers in control of premises. From an organizational risk perspective, it’s critical to assess and contain the workplace safety risk, both posed by the work performed by contractors as well as the risk to those contractors from existing workplace hazards. Of course, the nature of contracting means that direct control of the risk is difficult, if not impossible. Consequently, employers and owners have to rely on contracts to ensure that the necessary safeguards are in place. The structuring of that relationship is a necessary part of any organization’s health and safety framework.

This seminar will touch on:

• Best practices for retaining contractors
• Using contracts to define the relationship with contractors in health and safety matters
• The important difference between construction and non-construction projects in Ontario
• The critical importance of monitoring contractors
• Maintaining an ongoing health and safety dialogue with contractors
• Ensuring that responsibilities for health and safety in the workplace are appropriately divided between the workplace parties.

Fatality File

“[I]n there” was a cornstarch processing tank, a tight and dangerously restricted area known as a “confined space.” And within hours after these words were uttered, a worker making repairs inside that space succumbed to toxic PO vapors. In a twist of tragic irony, the victim was 54-year-old Jim Beals, the very worker who had sounded the all too prophetic warning to begin with.

How Jim Beals Died in a Confined Space

The tragedy began when Beals and co-worker Jerry Sumner, both mechanics, were ordered to make repairs inside a cornstarch processing tank.

“This was a boilermaker’s job,” Mr.  Sumner recounts “that we’d never done before.” But the supervisor reassured them that the vessel was safe and ordered them to go in. And so they did.

The tank met the OHS criteria for a “confined space” requiring special safety measures. Sadly, none of those measures were taken. The two workers had to “worm their way into” the narrow 12” x 18” opening. The crawl space inside measured 24”. The insides were “slimy.” And the round surface made walking tough.

But the real danger was the one Beals had expressed concern about earlier that day: the toxic PO gas.

Less than 15 minutes after entering the tank, Sumner detected a liquid chemical seeping into the tank from an open vent. “Then we started choking and I realized it was PO,” Sumner relates. “We were suffocating, and I told Jim I was getting the hell out of there.”

Sumner remembers “going toward the light” and escaping. “I tried going back in for Jim,” he continues, “but my eyes were burning too much.”

After recovering his vision, Sumner strapped on a Scott air pack and tried to go back in. But he couldn’t get through the opening with the pack on. Ironically, the breakdown in the rescue procedure saved his life. “I later found out there was almost no oxygen in the air pack.”

Beals would never make it out of the tank alive. He was overcome by the PO vapors and died of asphyxiation.

Two workers fell 47 stories when their scaffold became detached from a window washing rig attached to the building’s roof. Miraculously, one man was critically injured, but survived. The other worker died. OSHA cited City Wide Window Cleaning for serious violations including the lack of fall protection, training and inspections, and the lack of a vertical lifeline. Another company, Tractel, Inc., was issued serious citations alleging improper installation of crimps used to secure platform hoist ropes, use of crimps that could not support the scaffold’s load and failure to inspect the crimps. City Wide has been issued proposed penalties totaling $24,000, while Tractel faces $21,000 in proposed penalties.

[City Wide Window Cleaning LLC, Richmond Hill, NY and Tractel Inc., Long Island City, NY. Release number 08-760-NEW/BOS 2008-164, June 6, 2008]

OHS Violations

Two Oil Companies Charged With Seven OHS Violations stemming from an incident in which two workers suffered severe burns when the flammable liquid they were unloading from a truck blew up in their faces.

[Dial Oilfield Services and Canadian Natural Resources Ltd., Govt. News Release]

The following compressed gas violations were cited most frequently by OSHA:

• Stored oxygen cylinders must be separated from fuel gas cylinders (596 violations).
• Storage of cylinders inside buildings (310 violations).
• Handling, storage,

The following compressed gas violations were cited most frequently by OSHA:

• Stored oxygen cylinders must be separated from fuel gas cylinders
• (596 violations).
• Storage of cylinders inside buildings (310 violations).
• Handling, storage and utilization (302 violations).
• Valve protection caps must be in place (167 violations).

Among the hazards associated with compressed gas cylinders are:

• High pressures inside the cylinders, which may turn these vessels into missiles if a valve breaks.
• The risk for fire or explosion when flammable gases such as acetylene are released and an ignition source is present.
• Violent reactions when chemically unstable gases such as acetylene or 1,3-butadiene are exposed to slight temperature changes or pressure increases.
• Asphyxiation when inert gases such as nitrogen displace oxygen to levels too low to sustain life.
• The potential for severe burns when workers are exposed to corrosive gases such as ammonia.

OSHA has issued citations for eight alleged serious safety violations and seven repeat violations following an inspection. The serious violations include a lack of forklift training, improper grinding wheel maintenance, a lack of inspection on high-voltage poles, a lack of assessment and use of electrical PPE, open electrical wiring and a lack of annual safety inspections to correct hazardous conditions. OSHA previously cited the US Army for violations at Fort Richardson, including hazards on walking surfaces, missing exit signs, PPE hazards, a lack of mounted fire extinguishers, modification of forklift forks without the manufacturer’s approval, unguarded vertical shafts on water pumps, and electrical deficiencies. While the hazards must be addressed, no fines can be levied by OSHA in this case because it cannot assess monetary penalties to other US government agencies.

[US Army, Fort Richardson, AK. Release number 08-796-SEA (08-690, June 12, 2008].

OSHA issued willful, serious and repeat violations for alleged safety infractions found during an inspection triggered by a worker fatality. A US Forest Service (USFS) employee fell 225 feet while performing maintenance at the USFS Awke Mountain telecommunications site near Yakutat, AK, in late August 2006. The willful citation alleges failure by the employer to provide adequate shelter or protection from the elements leading to employees attempting emergency egress (departure) down treacherous mountain terrain. The serious citation states that employees were exposed to environmental and fall hazards due to a lack of personal protective equipment (PPE) for inclement weather conditions. It also alleges that workers were not training in emergency equipment and preparedness for emergency egress situations. The repeat citation states that the forest service failed to inspect workplace operations on an annual basis or more often for work areas with high-risk operations. USFS was also cited for failure to maintain a log or summary of work-related injuries and illnesses for an establishment that had been in operation for more than one year. There is no proposed penalty in this case because OSHA cannot issue fines to other federal agencies. However, the problems revealed during the inspection must be fixed.

[Release Number 07-118-SEA (07-09), Jan. 25, 2007]

OSHA conducted an inspection of a US postal service processing and distribution facility in Eau Claire, WI, and found two alleged repeat violations and one alleged serious violation. The violations allege failure to provide powered industrial vehicle refresher training after the operator has either been involved in an incident, operated a vehicle unsafely or was assigned to a different kind of lift truck. OSHA also alleges failure to ensure that US Postal Service workers performed daily examinations of industrial trucks prior to the trucks being placed into service. Total penalties of $58,500 are being proposed.

[US Postal Service, Eau Claire, WI, Aug. 6, 2009]

A briefing paper explaining to your CEO the risk of criminal liability for safety violations.

Two ironworkers were killed when they got hit by a falling beam on a Chicago construction project. OSHA investigated and blamed the accident on the failure of an L-shaped connector that was secured with just a single bolt and no nut. The government brought criminal charges against the company. A jury found the company guilty of a “willful” OSHA violation. The company was fined $1 million and put on five years’ probation [United States v. Pitt-Des Moines, Inc., 168 F.3d 976 (7th Cir.), 1999].

THE PROBLEM

As the Pitt-Des Moines case shows, a company can be criminally liable for OSHA violations. Under Section 666(e) of the OSHA statute, if a company commits a “willful violation” of a health or safety regulation and a worker dies as a result, the company faces a fine of $500,000 per fatality. And that’s not all. You and your fellow officers and directors face can be individually liable for willful violations. That can lead to fines of $250,000 per fatality and up to six months in jail.

WILLFUL VIOLATIONS

To prove a violation, OSHA must show:

• A standard applied to a hazard (either under the law or industry practice);
• The standard was violated;
• The violation endangered a worker; and
• The company knew, or with the exercise of diligence, could have known of the violation.

Once the government proves a violation, it must decide how to classify it. All violations aren’t the same. Willful violations are the worst kind. Serious violations are second worst. But only willful violations carry potential criminal penalties.

THE ANSWER

This means that avoiding willful violations is the key to protecting the company–and yourself–against criminal liability under OSHA. How do you avoid willful violations? Answer: Exercise diligence to comply with all OSHA standards and eliminate hazards.

THE EXPLANATION

Diligence isn’t just a one-time or sporadic activity; it’s something you have to do on a regular, ongoing basis. You need to ensure that the company has a system for:

• Conducting hazard assessments to identify hazards;
• Preparing written safety programs to address the hazards;
• Training and instructing workers;
• Performing walk-around inspections to identify hazards and document corrective action; and
• Disciplining workers who violate safety rules and procedures.

Officers and directors don’t necessarily have to perform these functions personally. You can leave the day-to-day details to your safety directors and supervisors. But you’re responsible for what they do. In other words, you don’t have to don a helmet, go to the worksite and make sure all L-connectors are nailed down; but you do have to make sure somebody does.

You also have to be proactive. You’re expected to monitor company safety efforts, legal developments and industry practice and seek improvement. A “call-me-when-an-accident-happens” approach isn’t good enough.

7 QUESTIONS TO ASK YOURSELF

How can you tell if you’re being duly diligent? There’s no specific formula for an officer or director to follow to guarantee due diligence. But there are questions you can ask to figure out if you’re doing enough:

1. Do you know the OSHA laws and industry standards?
2. Are you familiar with and involved in the implementation of company safety policies?
3. Do you get regular reports about injuries, complaints, and the overall effectiveness of the company’s safety program?
4. Do you know what your safety director and supervisors are doing?
5. Do you know what training is being provided and whether it’s working?
6. Do you know if your contractors are following adequate safety policies?
7. Last but not least, are you documenting all of the efforts you’re making regarding safety? As the lawyers say, if it isn’t documented, it never happened.

OSHA fined a painting subcontractor $42,500 for numerous violations at an Ohio bridge painting site. The subcontractor denied responsibility for the violations saying they were committed by workers of the company it had hired to do the blasting on the project. OSHRC agreed and dismissed the citations. OSHA requires employers to protect workers. But the subcontractor wasn’t the “employer” in this case. The blasting company and not the subcontractor controlled the hiring, firing and disciplining of the workers on the site, paid the workers’ salaries and exercised control over how the blasting was done. So if anybody was responsible for the violations, it was the blasting company, OSHRC said [Secretary v. Allstate Painting and Contracting Co., Inc., OSHRC Docket Nos. 97-1631 & 97-1727].