OSHA Regulations and Responsibilities - PDF

Summary

This document outlines OSHA's responsibilities, who is covered by the Occupational Safety and Health Act, horizontal and vertical standards, employer responsibilities, employee rights, OSHA inspection processes, and penalties for violations. It is likely a part of a larger educational resource or a reference guide.

Full Transcript

The OSHA was created within the Department of Labor. The primary responsibilities assigned to OSHA under the Act are as follows:  Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health standards.  Provide for res...

The OSHA was created within the Department of Labor. The primary responsibilities assigned to OSHA under the Act are as follows:  Encourage employers and employees to reduce workplace hazards and to implement new or improve existing safety and health standards.  Provide for research in occupational safety and health and develop innovative ways of dealing with occupational safety and health problems.  Establish “separate but dependent responsibilities and rights” for employers and employees for the achievement of better safety and health conditions.  Maintain a reporting and record-keeping system to monitor job-related injuries and illnesses; establish training programs to increase the number of competent occupational safety and health personnel.  Develop mandatory job safety and health standards and enforce them effectively. Who is covered under the Occupational Safety and Health Act? Basically, all private sector employers with one or more workers in all 50 states and US territories are governed under the OSH Act. OSHA regulations do not apply to all employers in the public sector (municipal, county, state, or federal government agencies), self-employed individuals, family members operating a farm, or domestic household workers. OSHA rule 5-3, case Marshall VS Barlow that OSHA required a warrant to enter the workplace to conduct an inspection. Horizontal and Vertical Standards  Horizontal ---- General all industries ---- fire prevention /protection  Vertical ------ particular industries---- Construction Safety Employer Rights and Responsibilities  Examine workplace conditions to make sure they comply with applicable standards.  Minimize or reduce hazards.  Use colour codes, posters, labels, or signs when needed to warn employees of potential hazards.  Provide training required by applicable OSHA standards.  Keep OSHA-required records.  Provide access to employee medical records and exposure records to employees or their authorized representatives. Employee Rights and Responsibilities  Read the OSHA poster.  Follow the employer’s safety and health rules and wear or use all required gear and equipment.  Follow safe work practices for your job, as directed by your employer.  Report hazardous conditions to a supervisor or safety committee.  Report hazardous conditions to OSHA, if employers do not fix them.  Expect safety and health on the job without fear of reprisal. OSHA Inspections and Process Whenever an OSHA inspection occurs, the employer must:  Be advised by the compliance officer of the reason for the inspection  Require identification of the OSHA compliance officer  Accompany the compliance officer on the inspection  Be assured of the confidentiality of any trade secrets observed by an OSHA compliance officer during an inspection Inspections are based on the following priorities: 1. Imminent danger situations 2. Catastrophes and fatal accidents 3. Employees complaints 4. Programmed high-hazard inspections 5. Follow-up inspections The compliance officer has the right, under the law, to timely admission to the facility. Any unnecessary delay or refusal of admittance may prompt the compliance officer to obtain a warrant for inspection purposes OSHA Citations The Area Director will send all citations via certified mail. Once the employer has received the citation, they must post the citation for 3 days or until the violation has been abated, whichever is longer. OSHA recordkeeping regulations require employers to keep records of fatalities, injuries, and illnesses that are work-related. OSHA Citation Penalties Type of Violation Penalty Serious $15,625 per violation Other-Than-Serious Posting Requirements Failure to Abate $15,625 per day beyond the abatement date Willful or Repeated $156,259 per violation Other-than-Serious Violation: A violation that has a direct relationship to job safety and health but probably would not cause death or serious physical harm. OSHA may assess a penalty from $0 to $1000 for each violation. The agency may adjust a penalty for an other-than-serious violation downward by as much as 95%, depending on the employer’s good faith, history of previous violations, and size of business. Serious Violation: A violation where there is a substantial probability that death or serious physical harm could result. OSHA assesses the penalty for a serious violation from $1500 to $7000 depending on the gravity of the violation. OSHA may adjust a penalty for a serious violation downward on the basis of the employer’s good faith, history of previous violations, and size of business. Willful Violation: A violation that the employer intentionally and knowingly commits. The employer is aware that a hazardous condition exists, knows that the condition violates a standard or other obligation of the Act, and makes no reasonable effort to eliminate it. OSHA may propose penalties of up to $70,000 for each willful violation. The minimum willful penalty is $5000. An employer who is convicted in a criminal proceeding of a willful violation of a standard that has resulted in the death of an employee may be fined up to $250,000 (or $500,000 if the employer is a corporation) or imprisoned up to 6 months, or both. A second conviction doubles the possible term of imprisonment. Repeated Violation: A violation of any standard, regulation, rule, or order where, upon re- inspection, a substantially similar violation is found and the original citation has become a final order. Violations can bring a fine of up to $70,000 for each such violation with the previous 3 years. To calculate repeated violations, OSHA adjusts the initial penalty for the size and then multiplies by a factor of 2, 5, or 10, depending on the size of the business. Failure to Abate Violation: Failure to correct a prior violation may bring a civil penalty of up to $7000 for each day that the violation continues beyond the prescribed abatement date. Potential Other Penalties: Additional violations for which OSHA may issue citations and proposed penalties are as follows: Falsifying records, or applications can, upon conviction, bring a criminal fine of $10,000 or up to 6 months in jail, or both. Violating posting requirements may bring a civil penalty of $7000. Assaulting a compliance officer or otherwise resisting, opposing, intimidating, or interfering with a compliance officer in the performance of his or her duties is a criminal offense and is subject to a fine of not more than $5000 and imprisonment for not more than 3 years. both the general contractor and the subcontractor would receive a citation if they cause the breach not the client Petition for Modification of Abatement Factors beyond the employer’s control, however, may prevent the completion of corrections by that date, petition must specify the steps taken to achieve compliance, the additional time needed to comply, the reasons additional time is needed Posted a copy of the petition in a conspicuous place at or near each place where a violation occurred and that the employee representative received a copy of the petition. How Can We Measure Performance of a Business Budgets: best known performance management tools. They can be as simple as a revenue and expense goal that the business compares actual results against each month. Metrics or key performance indicators (KPIs) are standard defined numbers or ratios that can be compared to company performance. Examples might be sales quotas or revenue generated per employee, quality, budget against Time of project and OHS Best practices by choosing companies that are on the leading edge of the industry Peer benchmarking this is a benchmark report where companies choose to look at other businesses very similar to themselves. SWOT - This is a type of benchmarking report where companies gather data by looking at strengths, weaknesses, opportunities, and threats to help understand their climate. Collaborative benchmarking this is benchmarking as a part of a group Benchmarking is an important tool for companies to help them improve and stay competitive in the marketplace. Benchmarking always starts with a research question and ends with recommendations and successful implementation of things that will make the company stronger. Benchmarking is a continual process that, if done properly, will keep companies competitive and successful Terms Definitions the practice of a business comparing key metrics of their Benchmarking operations to other similar companies Benchmark report a way you can quickly determine the health of the business benchmark report where companies choose to look at a Best practices company or companies that they aspire to be like benchmark report where companies choose to look at other Peer benchmarking businesses very similar to themselves benchmarking report where companies gather data by looking SWOT at strengths, weaknesses, opportunities, and threats to help understand their climate Collaborative report is a part of a group benchmarking Organizational culture definitely describes the behaviors and values that are at the heart of an organization. it's also very much influenced by leadership. It can incorporate everything from a dress code to office design. Some of things that go into the culture are the organization's vision, values, practices, people, narrative, and the workplace itself. The culture can be improved by focusing on training, employee well-being and health, fostering teamwork, and clear communication with the staff. Employees want to be acknowledged, rewarded for good work, and know that management will listen to them. Strategic change management are John Kotter's Change Model and Kurt Lewin's Change Model. Kurt Lewin's Change Model Safety case approach - uses a safety case document that outlines workplace risks and provides ways to control them. Risk summation method - uses a risk-matrix to determine a risk level based on the probability and severity of the risk. Gap analysis is how businesses chart a path from wherever they are now to wherever they want to be in the future; the difference between the two points is known as the gap. Overall, business goals should be specific, measurable, attainable/achievable/actionable, realistic, and timely (or SMART). The gap analysis process generally has four steps: 1. Identify strategic objectives 2. Identify current standings and deficiencies 3. Analyze the gaps 4. Support the plan with data analysis Business continuity plan - also called a disaster recovery plan - is a document that defines the possible risks that could disrupt the business, methods to reduce the chance of occurrence of those events, and the processes to be followed in the event a disaster happens to ensure that operations continue. 1. List possible events 2. Assess the potential impact of each event on your business 3. Determine for each event if it requires being included in the plan based on its likelihood and potential impact 4. Document the actions that should be taken to prevent or reduce the likelihood of that event occurring, if any 5. Document the steps that should be taken once the event occurs to minimize impact and return to normal operations as quickly as possible 6. Have multiple personnel review the plan 7. Implement the plan, including training of personnel and implementation of prevention steps 8. Meet on a regular basis, at least annually, to review and update the plan List Possible Events Begin by developing a list of all events you can think of that might disrupt your business. Here are some areas to include:  Accidents - industrial accidents that injure people and/or property or accidents that result in the loss of key personnel  Emergencies - such as a fire or flooding on or near company property or an attack on your computer servers or website  Disasters - such as a hurricane or earthquake  Threat - such as a kidnapping of personnel, a reported shooter, or a bomb threat Contingency planning: developing responses in advance for various situations that might impact business Processes Step 1: Analyze risks Step 2: Determine the likelihood and impact of risks Step 3: Develop a process for each item Step 4: Look at alternatives Management Theory: Likert: “participation” at all levels BHR Theory: worker productivity and supervisor control are inversely proportional Herzberg motivation theory: McGregor: The Deming Cycle: Plan Do Check Act Peter Drucker -Management by Objectives: process of agreeing upon objectives within an organization so that management and employees agree to the objectives W. Edwards Deming: father of the total quality management movement. Continual improvement can help increase quality while decreasing costs, or what we can call total quality management. Contingency Theory: class of behavioral theory that claims that there is no one best way to organize a corporation, lead a company, or make decisions. Systems Theory: interdisciplinary, nature of complex systems in nature, society, and science and is a framework by which one can investigate or describe any group of objects that work together to produce some result. Chaos Theory: is a field of study in mathematics, physics, and philosophy studying the behavior of dynamical systems that are highly sensitive to initial conditions.. This sensitivity is popularly referred to as the butterfly effect. Future behavior is fully determined by their initial conditions Human factors theory states that accidents are entirely a result of human error. This is due to overload (in which the work task is beyond the capability of the worker), inappropriate worker response, and inappropriate activities such as performing a task without sufficient training. Heinrich's domino theory, a personal injury only occurs as a result of a hazard, which exists only through the fault of careless persons or poorly designed or improperly maintained equipment; however, Heinrich stated that 2% of all accidents are unavoidable. Accident/incident theory is an extension of the human factors theory with an addition of the possibility of system failure. The five dominos in reverse: injury, incident, unsafe acts or conditions, undesirable traits (recklessness, nervousness, violent temper, lack of knowledge, or unsafe practices), social environment. The epidemiological theory focuses primarily on industrial hygiene and the relationship between environmental factors and disease. William Haddon: Energy Theory, accidents and injuries involve the transfer of energy. Multiple Factor Theories the 4 Ms: man, machine, media, and management Different style of management: 1. A directive autocrat makes decisions on his/her own/ unilaterally and closely supervises employees. For example, this type of leader is very controlling, which may work well in dangerous work environments where control is paramount to safety. 2. A directive democrat leader allows employees to participate in the decision- making process but closely supervises them. 3. A permissive democrat leader allows employees to participate in the decision- making process and gives them some latitude in carrying out their work. 4. A permissive autocrat leader makes decisions on his/her own but gives employees latitude in carrying out the work. CSPs need to understand and recognize different leadership styles in others and in themselves. Performance measurements: Safety Inspections and Reports Safety inspections are the best understood and most frequently used tool to assess the workplace for hazards. The term "inspection" means a general walk- around examination of every part of the worksite to locate conditions that do not comply with safety standards. Safety inspection reports of potential hazards can be an effective tool to trigger a closer look at how work is being performed. There are many positive reasons for conducting safety inspections, including:  helping ensure compliance with OSHA and meet other legal responsibility  involving both management and employees  identifying areas of high risk and controlling hazards  developing positive attitudes - demonstrating leadership  suggesting better methods of doing procedures safely Be careful you don't suffer from "tunnel vision" when conducting the safety inspection. When you have tunnel vision, you focus on identifying hazards, but miss unsafe work practices occurring around you. Lagging indicators are those that have already occurred and are not necessarily predictors of future events. They are usually easy to identify and measure because they are metrics based on events that have already occurred. Trend analysis Leading indicators are more challenging to identify and measure because they are metrics that aim to prevent harm before it occurs. As benchmarking and Audit Audit: department self-audit: can be better assess problems they are familiar develop the feasible solution All OHS management system is based on motivation Maslow’s hierarchy of needs Incident and accident: Incident–Injury Relationships: Accident: An accident is the final event in an unplanned series of unique events that results in an injury or illness to an employee and may include property damage. It is the final result or effect of a number of surface and root causes. incidents adversely affect the completion of a task but do not result in an employee injury. Accidents cause injuries: incidents do not. Accident Types o Struck-by: A person is forcefully struck by an object. The force of contact is provided by the object. o Struck-against: A person forcefully strikes an object. The person provides the force or energy. o Contact-by: Contact by a substance or material that, by its very nature, is harmful and causes injury. o Contact-with: A person comes in contact with a harmful substance or material. The person initiates the contact. o Caught-on: A person or part of their clothing or equipment is caught on an object that is either moving or stationary. This may cause the person to lose their balance and fall, be pulled into a machine, or suffer some other harm. o Caught-in: A person or part of them is trapped, or otherwise caught in an opening or enclosure. o Caught-between: A person is crushed, pinched or otherwise caught between a moving and a stationary object, or between two moving objects. o Fall-to-surface: A person slips or trips and falls to the surface they are standing or walking on. o Fall-to-below: A person slips or trips and falls to a level below the one they are walking or standing on. o Overexertion: A person over-extends or strains themselves while performing work. o Bodily reaction: Caused solely from stress imposed by free movement of the body or assumption of a strained or unnatural body position. A leading source of injury: o Overexposure: Over a period of time, a person is exposed to harmful energy (noise, heat), lack of energy (cold), or substances (toxic chemicals/atmospheres). System causation theory:  Fixing the system, not the blame, is at the heart of the investigation.  Discipline is not appropriate if the safety management system has somehow "failed" employees. Why Conduct the Accident Investigation To determine the actual purpose of a process, look at its recommendations. And to prevent the reoccurrence. The Seven-Step Process Throughout the remaining course modules, we'll discuss a proven seven-step process for effectively investigating accidents. The seven steps are: 1. Secure the accident scene 2. Document the accident scene 3. Conduct interviews 4. Develop the sequence of events 5. Conduct surface and root cause analysis 6. Determine the solutions 7. Write the report Characteristic of accident investigation:  At least two competent persons investigate. Two persons usually work better at gathering and analyzing material facts about the accident.  Accident investigators are properly trained on techniques and procedures.  The investigation report is written, and address surface causes and root causes of accidents.  The accident investigation report makes recommendations to correct hazardous conditions and unsafe work practices, and improve underlying SMS weaknesses.  The purpose of the accident investigation is to determine the facts, not the blame. Discipline is a separate issue properly addressed by management/human resources only if contributing root causes have not been uncovered.  Surface causes for the accidents are corrected on the spot or as soon as possible. Long-term system improvements are completed in a timely manner.  Competent persons evaluate accident reports annually for consistency and quality.  Safety personnel annually review and evaluate the investigation program.  Information about the types of accidents, locations, trends, etc., is analyzed to improve investigations and prevent future accidents.  Everyone is informed of corrective actions and system improvements. Training is conducted as needed. Remember, at the request of OSHA, the employer must mark for identification, materials, tools or equipment necessary to the proper investigation of an accident The first sketch illustrates the Triangulation Method which makes it possible to later pinpoint the exact location of an object Interview Records That's right...you don't just review records, you "interview" them by asking them questions. If you ask...they will answer. Accident investigation always as open ended Q? Interviews conducted as soon as possible following an accident. best to get written, signed statements from witnesses as soon as possible. Chain of custody procedure: preserve the evidence such as photo, date, description, make note, timing. Identify existing data source and codify the data is the 1st step develop incident data collection Types of accident investigation are general and special General accident investigation mean use generic procedure Special accident investigation mean special knowledge such as fire /aviation investigation TCIR, DART, Severity rate” Total Case Incident Rates (TCIR) = no. of injury or illness cases* 200,000/ Total number of hours worked. Calculating Days Away, Restricted, or Transfer Rates (DART) DART = no.of DART cases 200,000 X * 200,000 / Total number of hours worked. Calculating Severity Rates = No. of lost workdays ×200,000 / Total number of hours worked. Direct costs typically include medical expenses and compensation paid to an injured employee for time away from work and costs for repair or replacement of damaged items. 4:1 ($ spent indirect vs direct) Hidden Costs Associated with Incidents A. Lost time of injured employee B. Time lost by other employees to assist injured coworker, to see what is going on, and to discuss events C. Time lost by a supervisor to assist injured worker, investigate incident, prepare reports, and make adjustments in work and staffing D. Time spent by company first aid, medical, and safety staff on case F. Losses due to late or unfilled orders, loss of bonuses, or payment of penalties G. Payments made to injured employee under benefit programs H. Losses resulting from less than full productivity of injured workers on return to work I. Loss of profit because of lost work time and idle machines J. Losses due to reductions in productivity of coworkers because of concern or reduced morale K. Overhead costs that continue during lost work Construction Fatal 4 accident, falls, electrical exposure, struck by and caught-in- between. Highest accident rate industry in USA, are agriculture, fishing and forge Primary accident type in office setting is falling OSHA recordkeeping regulations require employers to keep records of fatalities, injuries, and illnesses that are work-related. Each employer is required to keep records of fatalities, injuries, and illnesses that:  are work-related; and  are new cases; and  meet one or more of the following general recording criteria: (Section 1904.7) o death; o days away from work; o restricted work or transfer to another job; o medical treatment beyond first aid; o loss of consciousness; or o a significant injury or illness diagnosed by a physician or other licensed health care professional  or one or more of the following cases: o work-related needlestick injuries and cuts from sharp objects that are contaminated with another person's blood or other potentially infectious material (Section 1904.8); o if an employee is medically removed under the medical surveillance requirements of an OSHA standard (Section 1904.9); o if an employee's hearing test (audiogram) reveals that the employee has experienced a work-related Standard Threshold Shift (STS) in hearing in one or both ears, and the employee's total hearing level is 25 (dB) or more above audiometric zero (averaged at 2000, 3000, and 4000 Hz) in the same ear(s) as the STS (Section 1904.10); or o if an employee has been occupationally exposed to anyone with a known case of active tuberculosis (TB), and that employee subsequently develops a tuberculosis infection, as evidenced by a positive skin test or diagnosis by a physician or other licensed health care professional (Section 1904.11).  10 or fewer employees. If your company had ten (10) or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the BLS informs you in writing that you must keep records. (Section 1904.1) Log of Work-Related Injuries and Illnesses (OSHA Form 300) is used to classify work-related injuries and illnesses and to note the extent and severity of each case. OSHA for many purposes, including:  inspection targeting;  performance measurement;  standards development;  resource allocation;  Voluntary Protection Program (VPP) eligibility; and  low-hazard industry exemptions. OSHA. The OSHA recordkeeping system is intended to collect, compile and analyze uniform and consistent nationwide data on occupational injuries and illnesses. Workers' Compensation: is intended primarily to provide medical coverage and compensation for workers who are killed, injured or made ill at work, and varies in coverage from one state to another. Recordable cases is not always compensable and vice versa employees, former employees, their personal representatives, and their authorized employee representatives have the right to access the OSHA injury and illness records, with some limitations and a copy of the relevant OSHA 300 Log(s) by the end of the next business day should be given to the employees An injury or illness is work-related if an event or exposure in the work environment either:  caused or contributed to the resulting condition, or  significantly aggravated a pre-existing injury or illness. According to OSHA, employers who’s to determine if the workplace somehow caused, contributed to, or significantly aggravated an injury or illness OSHA 300 A is summarized on log 300 and as employer you may keep my records on a computer Keep a separate OSHA 300 Log for each establishment that you expect to operate for 1-year or longer. How long must you save the OSHA 300/300A/301 forms following the end of the calendar cases resulting in death. You must also report any work-related fatality to OSHA within 8 hours days way from work, Stop tracking the number of calendar days away from work once the total reaches 180 days away If an employee has a recordable Standard Threshold Shift, you are required to enter the hearing loss on the OSHA 300 Log unless a retest that fails to confirm the recordable STS is conducted within 30 days Restricted work occurs when, as the result of a work-related injury or illness: you keep the employee from performing one or more of the routine functions of their job, or from working the full day that they would otherwise work; tuberculosis (TB) is recorded on the OSHA 300 Log as respiratory condition Employers must report work-related fatalities within 8 hours of finding out about it. For any in-patient hospitalization, amputation, or eye loss, employers must report the incident within 24 hours of learning about it. The accident records must be maintained at the worksite for at least 5 years. You can use one of the following methods to report to OSHA: 1. By telephone to the nearest OSHA Area Office during normal business hours. You may not report using an answering machine, faxing, or sending an email. 2. By telephone to the 24-hour OSHA hotline (1-800-321-OSHA or 1-800-321- 6742). 3. You can report events electronically on OSHA's Electronic Submission website Do I have to report a work-related fatality or in-patient hospitalization caused by a heart attack?  Yes, your local OSHA Area Office director will decide whether to investigate the event, depending on the circumstances of the heart attack.  The OSHA 300 Log is the Log of Work-Related Injuries and Illnesses. You must enter information about your business at the top of the OSHA 300 Log, enter a one or two line description for each recordable injury or illness, and summarize this information on the OSHA 300A at the end of the year.  The OSHA 300A is the Summary of Work-Related Injuries and Illnesses  The OSHA Form 301 or equivalent is the Injury and Illness Incident Report. Even if you are exempt from recordkeeping, you must have at each establishment a copy of OSHA Form 301 or equivalent for each occupational injury or illness that may result in a compensable claim. You must complete an OSHA Form 301, or equivalent form, for each recordable injury or illness entered on the OSHA 300 Log. An equivalent form is one that has the same information, is as readable and understandable, and is completed using the same instructions as the OSHA form it replaces. Many employers use an insurance form instead of the OSHA Form 301 or supplement an insurance form by adding any additional information required by OSHA. You must submit the information once a year, no later than March 2 of the year after the calendar year covered by the form Record within 7 days: You must enter each recordable injury or illness on the OSHA 300 Log and OSHA Form 301 or equivalent within 7 calendar days of receiving information that a recordable injury or illness has occurred. Determining Recordable Injuries or illnesses: an employer must consider an injury or illness to be recordable, if it results in any of the following: Death, days from work, restricted work case, medical treatment beyond 1st aid, loss of consiousnce. Safety culture: OSHA defines culture as “a combination of an organization's, attitudes, behaviors, beliefs, values, ways of doing things, and other shared characteristics of a particular group of people". he success of your company's CSMS depends on the willingness of top management to demonstrate a long-term serious commitment to protect every employee from injury and illness on the job. Management commitment to safety will most likely occur to the extent each manager clearly understands the positive benefits derived from their effort. Understanding the benefits will create a strong desire to do what it takes to improve the company's safety culture. Accountability "obligation to fulfill a task to standard or else." Safety goals and objective: An effective CSMS will include stated goals and objectives. general goals or "wishes" for your construction safety. For example:  designate a qualified safety person to coordinate the program  follow safety procedures and rules.  provide on-going safety training. Safety objectives are measurable and more specific in terms of results :  Increase the number of safety suggestions submitted each month to at least 15 by July 31st."  "Reduce the number of back injuries in the warehouse by 70% by the end of 1997." benefits of a strong safety culture include:  Developing a strong safety culture has the single greatest impact on accident reduction of any process.  A company with a strong safety culture experiences few at-risk behaviors, low accident rates, low turnover, low absenteeism, and high productivity.  While creating a stronger safety culture improves safety, it also benefits productivity, staff retention, and the overall organizational culture There are two basic types of consequences: reinforcers and punishers.  Reinforcers are consequences that increase the frequency of a behavior.  Punishers are consequences that decrease the frequency of a behavior. There are four basic categories of consequence strategies that motivate behaviors:  Positive reinforcement - The supervisor reinforces desired behavior by giving employees positive recognition such as an expression of thanks, a hand shake, or a day off work. When employees do something good, they are recognized. can be very effective in increasing both mandatory behaviors (complying and reporting) and voluntary behaviors (suggesting and involvement).  Negative reinforcement - The supervisor reinforces desired behavior by withholding negative recognition such as criticism, harsh words, or a reprimand. As long as employees comply, nothing perceived as negative occurs.  Positive punishment - The supervisor punishes undesired behaviors by doing something perceived as unpleasant such as a poor performance appraisal, verbal warning, or an increased workload.  Negative punishment - The supervisor punishes undesired behaviors by withholding recognition that is perceived as pleasant or positive such as withholding a bonus, a day off, or a promotion. Punishment To be effective, punishment must be perceived by the receiver as significant. The right consequence of punishment: verbal, written, deducting, and finally discharge Extinction: removing the negative behavior or positive reinforcement is withheld. Examples of consequences that extinguish desired behaviors include:  Employees comply with all safety rules, but there is no recognition;  Employees report workplace hazards, but there is no recognition or reward; and  Employees are ignored when they make suggestions for improvement. Remember, if first-line supervisors and managers would just thank employees more often for doing a good job, the benefits could literally transform the workplace culture. Safety and Health Policies Safety policies help to set standards and guidelines for decision-making. points that would be good to adopt in your companies safety and health policy:  No job or no task is more important than worker health and safety.  If a job represents a potential safety or health threat, every effort will be made to plan a safe way to do the task.  Every procedure must be a safe procedure. Shortcuts in safe procedures by either foremen or workers must not be tolerated.  If a job cannot be done safely it will not be done.  Management should provide visible ongoing commitment, resources, and leadership to assure the implementation of the SHMS. All employees should be provided equally high quality safety and health protection.  Leadership within a company should acknowledge the importance of creating a positive safety culture through employee involvement and effective policies and procedures. The main goal of safety and health programs is to prevent workplace injuries, illnesses, and deaths, as well as the suffering and financial hardship these events can cause for workers, their families, and employers. The supervisor's leadership skills are most important in making sure employees willingly comply with safe and healthful work practices, policies, and procedures Contractors /subcontractors management: During the Pre-Award phase, requirements are developed, solicitations are sought, contractors are selected and contracts are awarded. Key safety related efforts during this phase include:  consideration of a contractor’s past performance during the contractor selection process,  establishment of appropriate safety and health requirements in contract specifications, and  inclusion of applicable safety and health clauses. The Pre-Bid Meeting In the pre-bid meeting, contract safety requirements should be discussed, including:  site specific safety plan  designated safety representative identification and requirements  daily pre-work coordination meetings  safety enforcement policies and procedures  drug screening  identification of potential hazards  defining hazard control responsibilities However, in a world-class construction company that understands the importance of safety, they will not decide based solely on cost. They will use the following criteria:  Total Days Away, Restricted, or Job Transferred Rate (DART) should be below national average  Total Case Incidence Rate (TCIR) should be below the national average  Experience Modification Rate (EMR) of less than 1.0 for past three years, and improving.  Past safety performance  Site-specific safety plan development  Key management and worker training and experience The Experience Modification Rate (EMR) has strong impact upon a business. It is a number used by insurance companies to gauge both past cost of injuries and future chances of risk. The lower the EMR of your business, the lower your worker compensation insurance premiums will be. An EMR of 1.0 is considered the industry average. All managers on the construction site should be competent in safety management. Workers should be competent in the work they are performing. Heavy equipment operators should all be able to show written documentation providing proof of competency. Head Contractors develop and carry out a site-specific health and safety plan and all safety issue related to the subcontactors Subcontractors on site should do the following:  develop a site-specific safety plan for your work activity Employee Participation The employees in your company should be given an opportunity to provide input regarding recommendations on safety and health products, procedures, and training as it pertains to daily work operations. For example, employees could be given some responsibility to test out products or conduct research to substantiate recommendations. Safety Recognition Programs Safety Committee The committee in your company should be comprised of management and employee representatives. The committee should meet at least monthly. The committee should:  have defined goals and objectives  address safety and health issues  record and post minutes of the meetings  involve employees in problem solving  document action taken and post on the bulletin boards for all employees to read and-or comment  have a formal agenda Change Analysis - Management of Change (MOC) is a best practice used to ensure that safety, health and environmental risks are controlled when a company makes changes to the worksite, documentation, personnel, or operations. It should be conducted by competent persons, to make sure it does not introduce new hazards or unsafe procedures in the work environment. A designated person should analyze how changes on the worksite can affect equipment, processes, and materials for hazards and potential hazards. Findings should be documented and plans developed to minimize or design out the new hazards. Changes in the following categories need to be reviewed: 1. worksite layout 2. materials 3. process technology 4. equipment The following items should be included in the management of change procedures:  the technical basis for the change;  impact of the change on safety, health, and local environments;  necessary time period to implement the change;  management approval procedures for the change;  changes should be documented and dated; and  employees and contractors should be trained if their job tasks will be affected by a change. They should be trained prior to startup of the process or affected part of the operation OSHA Document Retention Records Retention Accident OSHA300 log, 300A 5 years LOTO training records Length of employment PPE Until the employee is no longer employed. Noise Exposure records measurement records minimum of 2 years and audiometric test records for the duration of employment. Bloodborne Pathogens monitoring-vaccination: Duration of employment plus 30 years Training: only 3 years from the date of the training. Respiratory Document and health, SDS 30 years Permit-Required Confined Spaces Minimum of 1 year Training Training records must be retained for 3 years from the date on which the training occurred, although it is advisable to retain training records for the duration of employment. Inspection, Audit and maintenance Retains the last 2 records You're conducting an analysis to determine specifically how surface causes (behaviors and conditions), and the underlying root causes (system weaknesses) contributed to the accident. With this distinction in mind, let's look at what the process of "analysis" "Common sense" leads us to this explanation. An accident is thought to be the result of a single, one-time easily identifiable Domino theory: accident as a series of related occurrences which lead to a final event which results in injury or illness, eliminating any one of those actions or events, the chain will be broken and the future accident prevented. Heinrich's domino theory, a personal injury only occurs as a result of a hazard, which exists only through the fault of careless persons or poorly designed or improperly maintained equipment; however, Heinrich stated that 2% of all accidents are unavoidable. Accident/incident theory is an extension of the human factors theory with an addition of the possibility of system failure. 88% were caused by unsafe acts, 10% by unsafe conditions, and 2% unavoidable, 88UA:10UC:2 Multiple Cause Theory : They are the result of a series of random related or unrelated actions that somehow interact to cause the accident and eliminating one accident event does not necessarily prevent future accidents causal factors below:  Hazardous conditions. Objects and physical states that directly caused or contributed to the accident.  Unsafe behaviors. Actions taken/not taken that directly caused or contributed to the accident.  System weaknesses. Underlying inadequate or missing policies, programs, plans, processes, procedures and practices that contributed to the accident.  Injury Analysis to determine the direct cause of injury  Event Analysis to determine the surface causes of the accident, hazardous conditions and unsafe behaviors described in the sequence of events that dynamically  System Analysis to determine the root causes of the accident  System Design Root Causes: Inadequate design of one or more components of the safety management system. The design of safety management system policies, plans, programs, processes, procedures and practices (remember this as the 6-Ps) is very important to make sure appropriate conditions, activities, behaviors, and practices occur consistently throughout the workplace. Ultimately, most surface causes will lead to system design flaws.  System Implementation Root Causes: Inadequate implementation of one or more components of the safety management system. After each safety management system component is designed, it must be effectively implemented. You may design an effective safety plan, yet suffer failure because it wasn't implemented properly. If you effectively implement a poorly written safety plan, you'll get the same results. In either instance, you'll eventually need to improve one or more policies, plans, programs, processes, procedures or practices. It's important to divide your recommendations into the categories below: 1. Immediate or short-term corrective actions to eliminate or reduce the hazardous conditions and/or unsafe behaviors related to the accident. 2. Long-term system improvements to create or revise existing safety policies, programs, plans, processes, procedures and practices identified as missing or inadequate in the investigation. "Any system that relies on human behavior is inherently unreliable Human factors theory states that accidents are entirely a result of human error. This is due to overload (in which the work task is beyond the capability of the worker), inappropriate worker response, and inappropriate activities such as performing a task without sufficient training. The modern causation model uses a series of seven avenues to demonstrate the cause of accidents: safety management error, safety program defect, command error, system defect, operating error, mishap, and results. The Systems Theory states that there is a relationship between man, machine systems, and the surroundings that make up a whole system. Near-Miss Relationship: For each 1 serious injury: 59 minor: 600 near misses. Peter Principle: people are promoted to a level of incompetence, ergonomic traps, the decision to err, and system failures. Err is unconscious as logic act, or conscious deadlines, peer pressure, and budget factors “Superman Syndrome.” person to believe that he is invincible or bulletproof, simply because “it won’t happen to me or accidents happen to others who don’t pay attention.” Parkinson’s Principle: work expands to fill the allotted time Pareto Principle: 80/20” is a statistical technique in decision-making used for the selection of a limited number of tasks that produce a significant overall effect. It uses the idea that by roughly 80% of consequences/outcomes come from 20% of causes. Behavior Theory: behavior-based safety (BBS)  Intervention  Identification of internal factors  Motivation to behave in the desired manner  Focus on the positive consequences of appropriate behavior  Application of the scientific method  Integration of information  Planned interventions A BBS program should consist of the following:  Common goals of the employee and managerial involvement in the process  Definition of what is expected (clear definitions of target behaviors derived from safety assessments)  Observational data collection (safety sampling)  Decisions about how best to proceed based on those data  Feedback to associates being observed  Review Safety sample is management tools for making the workplace safer by studying how process and people operate such as the effectiveness of line manager’s safety activities Geller: The ABCs of Behavior: Antecedent, Behavior and consequence Cost-benefit analyses are conducted to determine the return on investment to a company from the original investment of training costs. They can help organizations decide whether it is worth it to spend time, money, and energy on certain resources. Training suitability analysis is a thorough analysis of a task, job, or project to determine if training is the desired (or only) solution to performance problems. A context analysis is performed to determine the type of training needed by an organization. Work analysis focuses on the skill and performance requirements of the job being performed. The value of invested money when the cost is incurred and benefits are accrued CBA is calculated on a quantitative or qualitative basis Accidents result from interactions among humans, machines, and the environment. A Gantt chart, schedule or bar chart, is a timeline showing the day, week, or month when certain project activities should be accomplished. It is a helpful tool for viewing a project at the macro level. The Critical Path Method (CPM) is a technique for planning the most efficient way to achieve a given objective by determining the activities and events required and showing how they relate to each other in time. COL (cost of lost) = (PM) x ($volume of business) For recovery, PM is profit margin COL = (PM)x(#unit sold)x(unit price) Federal Emergency Management Agency (FEMA): responsible for preparedness, mitigation, relief, and response activities for natural, artificial, and nuclear emergencies. History of Workers’ Compensation Common Law Defenses In compensation lawsuits, employers could claim there was no negligence on their part. Three other common law defenses could also be used against an injured worker: Assumption of Risk The principle of tort law called assumption of risk says that if a person voluntarily assumes a risk and is injured as a result, he cannot be indemnified for the losses. This principle provided the employer near absolute protection against claims for work-related injuries of employees. By accepting a job, an employee assumed all the risks the job entailed. Contributory Negligence If a plaintiff were able to prove negligence on the part of an employer and establish assumption of risk as an inadequate defense, an employer could claim contributory negligence. For example, assume an employee was caught in a machine and injured. The employer could claim that the employee acted carelessly (was negligent), and therefore had no reason to bring action against the employer. At worst, the employer might have to pay some compensation if both parties were negligent. Fellow Servant Rule the employer would not be liable for the employee's injury if the employer could prove that the employee's injury was caused by his or her co-worker rather than the absence of a finger guard on the saw. Tort harm done but not cover under the contract Exclusive remedy: is a workers' comp provision that prohibits injured employees from suing their employer if they are receiving workers' comp benefits. No-Fault Concept: Premium is determined by Payroll/$100 * Class Rate * Experience Modification. US businesses. No-fault coverage means that the injured party is compensated no matter who is at fault. While some states have sought to bring the concept of no-fault to other coverages such as automobile coverage, workers' compensation remains one of the only types of insurance that began as no-fault coverage. Experience Modification factors: EMR=1 business has an average amount of claims EMR < 1 business has lesser claims than its peer = acceptable, lower insurance premium EMR > 1 business has more claims than its peer  States that operate their own insurance mechanism for workers' compensation are known as state fund states  In 1911, the Wisconsin workers' compensation law was the first law of its kind that required compensation for injuries which occurred on the job, without regard to fault.  Two types of workers’ compensation laws-compulsory and elective. If an employer rejects compliance with the law, he loses the three common-law defenses and is rendered virtually defenseless, nearly all are now compulsory. Objectives of Workers’ Compensation Laws 1. Replace lost income and provide medical treatment promptly 2. Provide a single remedy without costly litigation and delays 3. Relieve public and private charities of financial drains 4. Encourage employer interest in accident reduction and prevention 5. Restore earning capacity and work capability of workers through rehabilitation 6. Encourage open investigation of accidents to prevent similar occurrences in the future (not to find fault) workers’ compensation laws cover approximately 90% of all wage and salary employees. Types of Disability Temporary Total Disability completely unable to work for a time because of a job-related injury Temporary Partial Disability This classification applies to injured workers who are unable to perform their regular job duties during the recovery period, but are able to work at a job requiring lesser capabilities Permanent Partial Disability loss of a body member, such as a hand, eye, or finger, or the loss of use of a body member, such as an eye, or permanent reduction in the movement or functionality of an elbow or other joint. Permanent Total Disability : impairments typically include loss of both eyes, loss of both legs, and loss of both an arm and a leg. worker injured on the job and no longer able to work. Benefits Workers’ compensation laws provide payments for medical expenses, burial expenses, loss of wages, and impairments. Most provide payment for physical and vocational rehabilitation. Some provide for mental rehabilitation. Loss of Wages Most laws provide a % of the average weekly earnings of the injured employee commonly 662/3%). Medical Expenses Workers’ compensation payments normally cover unlimited medical expenses deemed necessary in the treatment of the injured worker Burial Expenses All compensation laws provide an allowance or fixed payment for burial expenses. Rehabilitation Expenses Physical rehabilitation is typically covered as a medical expense. Provisions vary considerably for vocational rehabilitation. Some states require the employer to pay for vocational rehabilitation Payments for Impairments payments for impairments are in addition to payments for loss of earnings during the period of healing. Duration of Disability Not counted are the day of the injury and the day an injured worker returns to work. All days between the injury and the return to work are counted as calendar days of disability. Experience Modification Rate = Adjusted Actual Losses +ballast / Expected Losses +Ballast Types of Insurance private insurance policies, or self-insured benefits. Self-insured, a company must create a large reserve fund to ensure that claims will be paid. self- insurers must maintain medical, legal, and safety staffs to administer the program, resolve problems, and work to reduce claims. Premiums Employee payroll forms the basis for workers’ compensation insurance premiums: units for premiums are 1$ per $100 of payroll. Average costs are roughly $2.00 per $100 of payroll. THIRD-PARTY LAWSUITS an employee may sue the manufacturer of a machine or product that caused the injury. An employee may sue another employer on a multiemployer job site or another organization or individual involved in the injury- causing accident. In a few states, an employee can sue a fellow worker. THEORIES OF LIABILITY 1) warranty, (2) negligence, and (3) strict liability. manufacturer or seller of a product is not liable for all injuries that may result from a product. That would be an absolute liability. The plaintiff must prove: 1. The product was defective 2. The defect existed at the time it left the defendant’s hands 3. The defect caused the injury or harm and was proximate to the injury The defendant may try to show that although the product is dangerous, the danger by itself is not a defect. The defendant may try to show that the plaintiff altered the product or unreasonably misused it. The defendant may claim that the product met accepted standards of government, industry, or self-imposed standards related to the product, to the claimed defects, and to the use of the product. In addition, the defendant may try to show that the product did not cause the injury or was not the proximal cause. Negligence includes acts of omission (failure to act) or commission (performing an act). WARRANTY implied and express, quality of a product. This is implied warranty. Implied warranty is divided into (1) merchantability and (2) fitness, Advertising frequently creates express warranty. Express warranty occurs when a seller makes expressed claims or representations for a product that become a basis for the bargain STRICT LIABILITY focuses on the qualities of the product that caused injury. The plaintiff must present the three fundamental elements of evidence: 1. that the product was defective 2. that the defect existed at the time it left the defendant’s hands 3. that the defect caused the injury or harm and was proximate to the injury Defects in a product may arise from design, from manufacturing, or from inadequate warnings and instructions. Defects are conditions that are not compensated by the ultimate consumer and that are unreasonably dangerous to him or her. Design Defects selection of materials, management of energy, functional features in a product, safety features, Use environment, refers to the context in which a product is used, compliance with government and consensus standards, Manufacturing Defects Manufacturing defects usually result from inadequate quality control, testing, and inspection or from errors in assembly. One example of a manufacturing defect is a poor weld that fails at a later time, soft drink bottles or food products containing foreign material, such as metal or glass. Defects in Instructions and Warnings A supplier has a duty to warn of dangers that remain in a product or occur during its use. Warnings identify dangers inherent to the product or dangers that may result from its use or misuse. Instructions explain how to use a product effectively or safely. Instructions and warnings must have many characteristics that are based on good writing skills, knowledge of use environments, ergonomic principles “Foreseeability” refers to the concept where the defendant should have been able to reasonably predict that it’s actions or inaction would lead to a particular consequence. MISUSE AND FORESEEABILITY In cases of misuse, the courts use a test of “foreseeability.” This test determines whether a misuse reasonably could have been anticipated on the part of the supplier. MODIFICATIONS AND SUBSTANTIAL CHANGE A supplier is responsible for those risks that he introduced. He may be liable for some modifications introduced by a user, but generally, the one who modifies a product is liable for modifications. Failure to include an important feature, which then necessitates a user modification, may shift the liability to a manufacturer. STATUTE OF LIMITATIONS product life and its role in liability THE LAWSUIT PROCESS steps: complaint, discovery, and trial Complaint The plaintiff and others who may have witnessed the injury events are deposed. Expert witnesses-persons with specialized knowledge, like doctors, engineers, and others REDUCING LIABILITY RISKS A manufacturer or seller can minimize liability in a number of ways. Attorneys will defend a manufacturer in the courts. Engineers can prevent many lawsuits by defending the manufacturer in design, manufacturing, packaging, and the marketplace. KINDS OF RECORDS AND REPORTS incidents. training, exposures, issue of safety equipment, conditions, and tests of certain kinds of equipment Job Safety Analysis: JSA breaks a job into basic steps and identifies the hazards associated with each step. The JSA also prescribes controls for each hazard. A JSA is a chart listing these steps, hazards, accident prevention programs Mentor from outside the facility to coach people inside the facility Technique for Human Error Rate Prediction (THERP) The bathtub curve traces the typical failure rate of a product over time. Gross Hazard Analysis rough assessment of the risks involved in performing a task. It is “gross” because it requires further study. It is particularly useful in the early stages of an accident investigation in developing hypotheses. Aerospace industry used safety technique widely Failure Mode & Effect Analysis (FMEA): Determine the most likely failures that led to the accident, engineering technique for anticipation of the impacts to system reliability due to a particular event, evaluating the effects of possible failures in a system. –manner in which failure occurs and their effect on the system –good for reliability studies, Inductive or “Bottom Up” logic –Criticality rankings; individually Fault Tree Analysis (FTA): logic diagram, potential causes of an accident or other undesired event, catastrophic. –undesired event –deductive (backward) analysis or Top down logic –and/or logic gates (‘and’ multiply, ‘or’ add) –graphical depiction Or Gate calculation P+q – (P x Q) AND gate PXQ –Uses Boolean postulates, looking for “minimal cut sets” External Event Intermediate event 5-Why is a investigative “drill-down” technique that involves successive questioning of why a particular event occurred. FHA, Fault Hazard Analysis, is a system safety method for anticipating hazards that may result from a single-fault events. JHA/JSA: Analysis by task HAZOP: used on the design stage, to identify any deviation of design, use specific terms, more/ less/no flow, study, table/logic diagram, deviation of study called NODES Preliminary hazard analysis: PHA; failure modes, system safety technique, qualtitive study that yield rough assessment of potential hazards and their rectification, result summarize in for of table or logic diagrams –Initial effort to identify potentially hazardous components w/I a system during design phase Functional Hazard Analysis (FHA): –Deductive–“Top down” Technique for human Error Rate Prediction (THERP) –Calculates probability of human errors A “what-if” analysis is an informal method of evaluating hypothetical situations’ and their consequences and their recommendation Management Oversight and Risk Tree (MORT): –A logic tree to identify total risk inherent in the system and arising from operational/management inadequacies –Similar to FTA starts w/ undesirable event Zonal: –Geographical; inspection of hardware Systems Hazard Analysis (SHA): –Identifies physical and functional incompatibilities b/w adjacent, interconnected and interacting elements Critical Incident Techniques (CIT): –Individuals are interviewed about accidents, near misses and hazardous conditions Event Tree Analysis (ETA) –Forward analysis beginning with initiating event to find consequences –Evaluates the success or failure of a system Cause & Effect Diagram (Fishbone ) or ISHAkiwa - deductive Ishikawa cause-and-effect diagrams is a quality improvement technique used to help identify the influencing factors that lead to a particular outcome. These diagrams are called “fishbone” diagrams because of their appearance Fishbone analysis six Ms: manpower, methods, metrics, machines, materials, and minutes. Argyris: –Employees treated like children and/or adults will act like such 3 “E’s” of safety: Engineering, Education, Enforcement: Hienrich Conflict theory: Leveling: boss doesn’t make all the decisions Incongruence theory: mature workers desire independence Drucker: MBO Span of Control: of employees reporting to one manager should be limited maximum supervisor to subordinate is 3:7, direct reports with a recommended ratio of 1 supervisor per 5 direct reports Likert scale: measure attitude preference and subjective reaction CLASSIFYING FAILURE IMPACTS:  Catastrophic  Critical  Marginal  Negligible  Series Reliability, R = R1 × R2 × … × Rn. a failure of any individual component results in the entire system failing  Parallel Reliability : A system where one individual component can fail and the system will still be functional is known as a parallel system.  Rsystem = 1 – {(1 − R1)(1 − R2)…(1 − Rn)}.  Probability of Failure (System) Pf = (1 − Ps) Machine A produces 25% of parts, B produces 35% and C produces 40%. Their rate of defects are.05,.04 and.02, respectively. What is probability that machine A will produce a defect? Probabilty of A = 25x0.5 = 1.25 , Proabailty of A = A/total failure Fault tolerance has nothing to do with when the system will fail (i.e., the system may sustain more than three independent failures and still function). These quality control samples include spiked samples and blanks. This keeps the instrument in calibration during the analytical series. Equipment errors are systematic errors. A t-test is used with a normal distribution. To analyze log normally distributed data, one must convert the air sampling data to logarithms to use the t-test. Converting to logarithms should result in a normal distribution. Audio and video recording should always be avoided as this will typically make the witness nervous and less likely to be fully open. Having three interviewers is intimidating to the witness. Interviewing multiple witnesses at the same time should be avoided since frequently, a dominant person will speak for the group. The other witnesses with information will reason with themselves that other witnesses in the room have better information - particularly if the information is contradictory. The process is not designed adequately because safety relief valves should not be used to control the pressure in any process. A chain of custody is typically associated with incident investigations and describes in detail the identity of the person who has held custody of an item and why the person had custody of the item. When performing an analysis of variance test (ANOVA) the F-statistic is computed. Chi-Square tests involve the Chi-Square distribution. Inferences about means usually involve the assumption of normal distributions for large samples and the "t" distribution for small samples. The indirect costs have been estimated to be 4 to 1 times the direct costs. Cost factor = Cost incurred * 1,000 / total work-hours The manual premium is the premium before experience modification is applied. Modified premium is manual premium modified by a company's specific Experience modifier It is also known as the standard premium. Assigned risk under a workers' compensation program Is unable to secure coverage and has been assigned to an insurance company for workers' compensation coverage , Assigned risks are also know as pool risks, or residual market risks. Most assigned risks either have higher than anticipated losses, are new companies without any history of losses Workers' compensation insurance is one of the first types of "no-fault" coverages for US businesses. No-fault coverage means that the injured party is compensated no matter who is at fault. While some states have sought to bring the concept of no-fault to other coverages such as automobile coverage, workers' compensation remains one of the only types of insurance that began as a no-fault coverage. States that operate their own insurance mechanism for workers' compensation are known as state fund states. Premium = (Payroll/$100) * Rate * Experience Modification Loss Ratio = Losses / (payroll/$100) * Rate * Experience Modification The experience modifier for a company is based on the last three years of actual experience, not counting the most recent year. Rate = Test Modifier * New worker's compensation Class Rate Experience modifiers = ratable losses / expected losses The manufacturer of any product faces an environment in which fault without negligence exists. Legal history shows a movement from buyer beware to seller beware. Care and great care Common carriers must exercise a high degree of care. Master-servant relationship is the concept that a master is liable for any negligence of his servant acting within the scope of employment. The doctrine of comparative negligence: Damages are awarded and apportioned to the degree of fault of each party in the lawsuit. Extinction is the process of eliminating a behaviour, including unsafe acts Extinction can be accomplished by punishment and withholding positive reinforcement. Z10 is equivalent to the British Standards Institute, BS OHSAS 18001. Safety Data Sheets  Section 1: Identification  Section 2: Hazard identification  Section 3: Composition/information on ingredients  Section 4: First-aid measures  Section 5: Fire-fighting measures  Section 6: Accidental release measures  Section 7: Handling and storage  Section 8: Exposure controls/personal protection  Section 9: Physical and chemical properties  Section 10: Stability and reactivity information  Section 11: Toxicological information To be consistent with the GHS, an SDS must also include the following headings in this order:  Section 12: Ecological information  Section 13: Disposal considerations  Section 14: Transport information  Section 15: Regulatory information Security: Deter, Detect, Deny, Delay and Defend DETER On the outermost perimeter, it’s key to have in place some forms of visual deterrence, such as fencing, lighting, gates or barriers and signs. This can be an effective way of dissuading potential intruders before they even attempt to breach your site. DETECT Being able to detect trespassers is vital. This can take the form of motion detectors, CCTV, and other electronic surveillance methods which can sense – and record – any intrusion on your site. DENY This is all about denying entry to your site, or even its most sensitive areas, with access control solutions. From manned security gates to card swipe systems, you can manage who goes where on your premises. DELAY: last line of defense, A range of security solutions can be utilised around your perimeter to delay an attack, such as parking controls, road blockers, and interior barriers - all of which can slow down an intruder and offer valuable time to deal with the security breach. DEFEND This is the final and innermost ring of security, which usually involves your security team or the police apprehending the intruder. Black Moulton management grid 1.1 impoverished: conflict is avoided and min. amount of work don’t care about a thing 9.1 dectatorine- authoritarian : concern about production than people 1.9 country club-people The Country Club or "accommodating" style of a manager is most concerned about their team members' needs and feelings. They assume that, as long as their people are happy and secure, they'll work hard. 9.9 team leader: manager motivates people 5.5 middle of road – dampened pendulum Flat organisation with few level of management Tall organisation with many levels of management Formal structure management closely follows the chain of command Otis test used for IQ individual test The bar-coding system is the best for tools accountability Leader change situation act: Reliability= 1 – P(F) Reliability= e-(Failure x Time) P(Failure)= No. of failure / Total number of items Linear correlation analysis A RACI chart: RACI matrix, is a type of responsibility assignment matrix it’s a simple spreadsheet or table that lists all stakeholders on a project and their level involvement in each task , R, A, C, I stands for: Responsible, Accountable, Consulted, Informed The Four Basic Styles of Communication 1. PASSIVE COMMUNICATION is a style in which individuals have developed a pattern of avoiding expressing their opinions or feelings, protecting their rights, and identifying and meeting their needs.  “I’m unable to stand up for my rights.”  “I don’t know what my rights are.”  “I get stepped on by everyone."  “I’m weak and unable to take care of myself.”  “People never consider my feelings.” 2. AGGRESSIVE COMMUNICATION expresses their feelings and opinions and advocate for their needs in a way that violates the rights of others. Thus, aggressive communicators are verbally and/or physically abusive. “I’m superior and right and you’re inferior and wrong.” “I’m loud, bossy and pushy.” “I can dominate and intimidate you.” “I can violate your rights.” “I’ll get my way no matter what.” “You’re not worth anything.” “It’s all your fault.” “I react instantly.” “I’m entitled.” “You owe me.” “I own you.” 3. PASSIVE-AGGRESSIVE COMMUNICATION is a style in which individuals appear passive on the surface but are really acting out anger in a subtle, indirect, or behind-the-scenes way. “I’m weak and resentful, so I sabotage, frustrate, and disrupt.” “I’m powerless to deal with you head on so I must use guerilla warfare.” “I will appear cooperative but I’m not.” 4. ASSERTIVE COMMUNICATION is a style in which individuals clearly state their opinions and feelings, and firmly advocate for their rights and needs without violating the rights of others. “We are equally entitled to express ourselves respectfully to one another.” “I am confident about who I am.” “I realize I have choices in my life and I consider my options.” “I speak clearly, honestly, and to the point.” “I can’t control others but I can control myself.” “I place a high priority on having my rights respected.” “I am responsible for getting my needs met in a respectful manner.” “I respect the rights of others.” “Nobody owes me anything unless they’ve agreed to give it to me.” “I’m 100% responsible for my own happiness.” Nonverbal Communication: Paralanguage, nonverbal with facial expressions, meta-communication such as non- words, such as "huh," "hmm," or "well" prosody, pitch, volume, intonation. Kinesics is the broad field of nonverbal communication Opens in new window solely concerned with the interpretation of nonverbal behaviours that are associated with body movement Opens in new window, gestures Opens in new window, posture Opens in new window, facial expression Opens in new window and eye contact Opens in new window Haptic: communicate via touching. Positive, negative, playful, serious, control touch Best solution to solve conflict via actively listening to other party, and restating what was heard without using language of moral judgment. OHSAS 18001 is to control the hazard, while ISO 45001 is more risk based approach House shape event expected to occur under normal circumstances Edward Deming is approaching employees involving, using various tools for problems solving and decision making This Standard covers hazards as they apply to systems / products / equipment / infrastructure (including both hardware and software) throughout design, development, test, production, use, disposal and training Autocratic leaders make decisions unilaterally. Permissive leaders permit participation in the decision-making process. Management Theories 1. McGregor’s Theory X and Theory Y 2. Herzberg Motivational Theory Hygiene factors include the following Supervision Interpersonal relationships Physical working conditions Salary Motivation factors include: Achievement Advancement Recognition Responsibility 3. The Deming Cycle PDCA cycle Plan, Do, Check, and Act. 4. Management by Objectives Peter Drucker The process of agreeing upon objectives within an organization so that management and employees agree to the objectives and understand what they are in the organization Motivation, Improved communication and coordination, Clarity of goals. 5. Contingency Theory is a class of behavioral theory that claims that there is no one best way to organize a corporation, lead a company, or make decisions 6. Systems Theory: nature of complex systems in nature, society, and science and is a framework 7. Chaos Theory butterfly effect Small differences in initial conditions yield widely diverging outcomes for chaotic systems Management Styles Directive Democrat allows subordinates to participate in the decision-making process but closely supervises employees. Directive Autocrat: makes decisions unilaterally and closely supervises employees. Permissive Democrat: allows employees to participate in the decision-making process and gives subordinates some latitude in carrying out their work. Heinrich’s Domino Theory: unsafe act, unsafe condition, social traits, injury, accident (“The Three E’s”), as follows: Engineering Control hazards through product design or process change Education Train workers regarding all facets of safety Impose on management that attention to safety pays off Enforcement Ensure that internal and external rules, regulations, and standard operating procedures are followed by workers, as well as management % of accident : 88 % unsafe acts, 10% unsafe conditions, 2% unavoidable Human Factors Theory: accidents are entirely the result of human error. Accident/Incident Theory Petersen’s Model: Human Factors accident causation model additional elements such as ergonomic traps, the decision to err, and system failures. System failure caused by management decisions or management behaviors. Systems Theory accident causation is a relationship between man, machine systems, and the surroundings. Energy Release Theory: William Haddon Dr. Haddon portrays accidents in terms of energy and transference. This transfer of energy, in large amounts and at rapid rates. Combination Theory Modern Causation Model: Injury is called RESULT, indicating it could involve damage as well as personal injury and the result can range from no damage to very severe. The word MISHAP is used rather than Accident, The term OPERATING ERROR is used instead of Unsafe Act and Unsafe Condition. 1. The primary purpose of an accident investigation is to prevent the recurrence of the same event. 2. The Domino Theory, also known as Heinrich’s Domino Theory, is considered the first scientific approach to accident prevention. 3. According to Heinrich, an injury is caused by the social environment and inherited behavior, fault of the person, unsafe acts or conditions, and a resulting accident. 4. Injuries result from a completed series of factors, one of which is the accident itself (Heinrich’s Domino Theory). 5. Heinrich’s “3 E’s” are Engineering, Education, and Enforcement. 6. Heinrich’s conclusions are that 2% of accidents are unavoidable, 10% are attributed to unsafe conditions, and 88% are attributed to unsafe acts. 7. The Human Factors Theory states that all accidents are the result of human error, categorized as overload, inappropriate worker response, or inappropriate activities. 8. Petersen’s Accident/Incident Theory is a basic extension of the Human Factors Theory, except that he introduced ergonomic traps and that a decision to err may be based on logic. 9. The Epidemiological Theory focuses primarily on industrial hygiene aspects. 10. The Systems Theory states that there is a relationship between man, machine systems, and the surroundings that make up a whole system. 11. The Energy Release Theory, developed by William Haddon, portrays accidents in terms of energy and transference. 12. Behavior Theory is also known as behavior-based safety. 13. The Combination Theory allows an investigator to use parts or all of any of the theories to solve a problem. 14. The modern causation model uses a series of seven avenues to demonstrate the cause of accidents: safety management error, safety program defect, command error, system defect, operating error, mishap, and results. Health and Safety Performance 1. According to OSHA, the elements of an effective accountability system include established standards, resources, a measurement system, consequences, and application. 2. Traditional measurements of safety performance, such as TCIRs, DARTs, and so on, have limited or no use in predicting future incidents. 3. Major problems in using injury/illness rates include underreporting, events are a matter-of-chance, actual injury rates are no indication of the severity or potential severity, employees may stay off work for reasons that do not reflect the severity of the event, and they are lagging indicators and reflect negative attributes, such as failures or lack of something bad occurring. 4. Elements of an effective health and safety performance management system include policy, organizing, planning and implementing, measuring performance, reviewing performance, and auditing of the performance. 5. An effective measurement system is designed or should be designed to indicate where you currently are and measure periodically as to where you want to be. 6. A prerequisite of effective health and safety goals and objectives should follow the acronym SMART, which represents, Specific, Measurable, Attainable, Realistic/Relevant, and Time-bound. 7. Three dimensions of measurement must include compliance, deployment, and capability of the system to achieve specific and measureable goals and objectives. 8. Continuous improvement of any program must always be built into any sustainable system. 9. The value of any leading indicator must be that it engages employees and supervisors in the safety program. Safety Program Auditing 1. In addition to identifying hazards and preventing illnesses and injuries, the health and safety program audit should assist in determining whether or not significant progress is being made in the overall goals and objectives of your health and safety program. 2. The 3 basic methods used to conduct health and safety program audits are document review/verification, employee interviews, and site conditions. 3. Inspection records can tell the evaluator whether serious hazards are being found or whether the same hazards are being found repeatedly. If serious hazards are not being found and accidents keep occurring, there may be a need to train inspectors to look for different hazards. 4. Employee interviews are extremely useful in determining the quality of health and safety training/culture. 5. Site conditions and root causes are useful in identifying present and potential hazards in the workplace. 6. The major elements of an effective health and safety program include management commitments, employee involvement, worksite analysis, hazard prevention and control, and health and safety training. 7. One of the best methods used by managers and supervisors to con- tinuously evaluate the health and safety effectiveness of their program is known as Management by Walking Around. 8. Employee involvement provides the means through which workers develop and express their own commitment to health and safety, for both themselves and for their fellow employees. 9. Worksite analysis means that managers and employees alike analyze all worksite conditions to identify and eliminate existing or potential hazards. 10. One of the most commonly used techniques in conducting hazard analysis is the use of a Job Hazard Analysis form. ANSI standards are developed or revised considering the stakeholders that are impacted by the standard The seven sections of Z 10 include: 1. Management Leadership 2. Employee Participation 3. Planning 4. Implementation and Operation 5. Evaluation 6. Corrective Action 7. Management Review  Estimate the "return on investment" (ROI). To help the decision-maker see that the "cost" of taking corrective action and making system improvements will lead to eventual savings, expressed as an "investment." Taking this approach implies that the employer will realize a financial return if the recommendation is approved. Let's say the investment needed to correct a hazardous condition is $4,000. Let's also assume that the potential direct and indirect accident costs to the company may total $36,000 if the employer takes no action. You can calculate the ROI by dividing the $36,000 in accident costs by the $4,000 investment to get the ratio of 9/1. To determine the ROI as a percentage, multiply that result by 100 to arrive at an ROI of 900%. (COST ÷ INVESTMENT) X 100 = % ROI ($36,000 ÷ $4,000) X 100 = 900% ROI  Estimate the payback period. Management may also want to know how quickly the investment will pay for itself: what the "payback period" is. Just divide $36,000 by 12 months and you come up with $3,000 per month in potential accident costs. Since the investment is $4,000, the investment will be paid back in a little more than five weeks. After that, we may assume that the corrective actions and improvements are actually saving the company a substantial amount of money. Now that's talking the bottom line! INVESTMENT ÷ (COST ÷ MONTHS) = # MONTHS $4,000 ÷ ($36,000 ÷ 12 MONTHS) = 1.33 MONTHS PERT Chart Program Evaluation and Review Technique chart. A line diagram incorporating key tasks and key relationships in a 'flow' to show the progress, interdependencies, and critical paths. PERT charts use rectangles or circles called 'nodes' for the tasks and connects them together with lines called 'vectors' overages in the budget variance report: More was budgeted than was needed shortages in the budget variance report: budgeted was not enough Operations Hazard Analysis (OHA) is inductive

Use Quizgecko on...
Browser
Browser