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OUR ARTICLE IN PROGRESSIVE DAIRYMAN (not just for Ag)

We were recently honored to be asked to contribute to one of the most widely circulated magazines in the dairy industry.  This is the first of 2 articles we have written for them.  This information is universal and not just for Agriculture employers.  We hope it is useful to you.

You may use this link to go to the article:

http://canada.progressivedairy.com/topics/management/new-osha-rules-emphasize-injury-reporting-discourage-retaliation

Please let us know what you think.  There is a comment section at the bottom of the article.

Thank you

 

 

PROTOCOLS IF OSHA, ICE OR OTHER AGENCIES COME ON YOUR PROPERTY

When any agency comes on the property, first notify the Manager/Owner of the Property.

If you are one of our customers, call HR Mobile Services at (559) 625-2322 or Ken directly

Keep the agents aside and away from other workers until you know the reason for their visit.

Ask to see their credentials.

Verify if this is a random visit, or due to a complaint being filed.

Make note of any dates that may be limiting their search.

If they are with ICE, you have 72 hours to produce the I-9s in question.  Do not let them intimidate you as this is your right.  Kindly ask them to leave and set a time and date to meet with them in 3 days.

If they are with OSHA, you can only put them off for an hour or so until the highest ranked supervisor on the property can be contacted and meet them.  Meanwhile, make sure they are kept by the office or away from viewing most of the property and employees.  Check your phones, as HR Mobile Services, Inc. may be trying to reach you to give you additional directions.  Make sure to have someone check restrooms for Paper and Paper towels.  Check for quick items like no personal food mixed with medication in the refrigerators, electrical panel doors shut, general clutter and tripping hazards put away.

IS WATER AVAILABLE AND PAPER CUPS WITH A TRASH RECEPTICLE NEARBY?

Keep your employees calm.  They are much safer on the dairy than if they leave the location.  Nothing can happen to them on the property, they are protected.

BE COURTEOUS AND LISTEN TO WHAT THE INSPECTORS ARE TELLING YOU.   YOU WANT TO HAVE A GOOD WORKING RELATIONSHIP AT THIS POINT.   YOU DON’T NEED TO BE THEIR FRIEND, BUT YOU DON’T NEED ANY ENEMIES EITHER.   STAY CALM! 

If you are one of our customers……..Call HR MOBILE SERVICES, INC. (559) 625-2322 IMMEDIATELY!

Cal\OSHA Changes Interpretation of Laws

For 2017, Cal\OSHA is aligning itself more completely with OSHA in the way it views repeat offenders.  You can read the whole report written by Littler Global at this site https://www.littler.com/publication-press/publication/calosha-amendment-significantly-expands-its-definition-%E2%80%9Crepeat%E2%80%9D

In Summary, Cal\OSHA can now go back 5 years and if you have a “substantially similar” citation at any of your locations in California, it will be considered a “repeat” violation and you could be subject to fines of over $70,000.  The five year look-back begins on the date that the citation is finalized, so if you appeal the citation, it could delay the finalizing date and mean the actual time from the original violation could be almost 6 years old and still be within the 5-year window for repeats.  This may affect strategies going forward.

Also, please take note of the fact that this is a repeat at any facility within your organization that is in the State.  So, if you have a citation for your eyewash station in one location, if you have a shower citations (substantially similar) problem in another location, they could be listed as repeat violations and the fines would grow about 4 fold.

Comparing first-quarter figures from the past six years, the number of Cal/OSHA investigations has risen steadily, from 2,608 in 2011 to 3,375 in 2016, nearly a 30% increase. Citations for alleged serious violations have increased even more significantly – by 330% in the same period. Alleged serious violations represented 21% of total cited alleged violations for the first quarter of 2016 versus only 10% in 2011.

So, be prepared.  Walk your property with an open eye.  Invite HR Mobile Services to come out and help you identify problems.  Check your paperwork!

The clear message here is that you should take these citations seriously and implement changes at all locations to address an issue so that it does not cost you again.

GOV. BROWN SIGNS INDOOR HEAT ILLNESS MANDATE

Yes, you read that correctly.  The State of California feels that people working in-doors deserve the same protections from Heat Illness training as outdoor workers.  Now, on some levels this makes sense.  For instance, a worker in a factory could be exposed to severe heat conditions. Other similar places could be electrical generation areas, greenhouses, building construction, attic insulation installers, electricians, plumbers, etc.  So, this could have some practical applications in the workplace.

That being said, it is a very poorly written bill, SB 1167 (Mendoza; D-Artesia) , which gives almost no direction as to the definition of an “indoor occupation” that would be covered under this act.  In fact, the entire project is left almost completely to Cal\OSHA to write and implement this program.  They have to begin the rule making process in 2017 to submit a proposed rule to the Cal/OSHA Standards Board by January 1, 2019.

This is a stakeholder driven process, so it is very important that your industry is part of the conversation.  If you have an advocacy group, get them involved early to state your position before the rules are written.  It is almost impossible to fight or have them re-written later.

 

OSHA FINALIZES RULES FOR DRUG TESTING AND SAFETY INCENTIVES (UPDATED SEPT 1, 2016)

 

 Edit Sept 1, 2016…The information below has been adjusted since our posting and the new rules go into effect as of November 1, 2016 instead of August 10.

Due to the major changes listed below, HR Mobile Services, Inc. will be adjusting all of our Drug and Substance Abuse Policies to better reflect these changes.

This is from the rewriting of (29 CFR 1904.35(b)(1)(I) and subsequent commentary letter issued by OSHA in May, 2016.

Back in 2006, OSHA issued a paper that took at dim view of Safety incentive programs.  The general idea was that if there were no injuries reported for a month or a quarter, there would be a drawing for prizes such as a TV or gift cards.  While this was done with good intentions that employees would work more carefully so that everyone would have a chance to win valuable prizes, it also had an impact (intended or not) on the reporting of injuries.  The letter went on to point out that an employee could be put under increased peer pressure not to report an injury and that was not acceptable.  The new rule specifically prohibits employers from using incentive programs that discourage injury reporting.  THEY ARE NOT BANNING INCENTIVE PROGRAMS!  Programs could include:

  • –   Providing t-shirts to workers serving on safety and health committees or to celebrate a goal being reached
  • –   offering modest rewards for suggesting ways to strengthen safety and health
  • –   throwing a company or department wide recognition party after the successful completion of safety training

The final ruling goes into effect on Nov. 1, 2016.  The final rule explicitly incorporates “the existing prohibition on retaliating against employees for reporting work- related injuries or illnesses that is already imposed on employers”.  You can bet that lawyers will be quoting this and inquiring into incentive programs when filing a 132-a or EEOC discrimination case.  BE CAREFUL.  If you are not sure of your program, give us a call.

ALSO………..

OSHA has determined that blanket application of a company post-injury drug test policy may not be legal because it may deter an employee from reporting an injury.   Employers are prohibited from using the drug testing as a threat to employees who may want to report and be treated for an injury.

Where this can happen, and you need to address this with your supervisors, is when the supervisor says to the employee, “you can be treated at the clinic, but you know they are going to test you for drugs and alcohol and if they find anything you will be fired”.  That is a threat and is illegal.  You must make sure your people know that comments like this expose your company to major fines.

Further, drug testing after an accident is only allowed when 2 situations are present.  The first is that the injury MUST be associated with an action on the part of the employee that could have been connected to a drug or alcohol impairment.  That is to say, if an employee is stung by a bee, there is no connection to unusual behavior due to being under the influence and so there is no reason to apply a drug and alcohol screening test.  If the employee was swinging a stick at a bee hive and got stung, there may be a good reason to have them tested.  If a tree branch falls on an employee, no test.  If an employee is climbing a tree for fun during lunch, maybe there is a reason for testing.  If an employee has a back strain or a cut due to a missing guard on a piece of machinery, there is not a good reason to drug test.

The second part of this is that the testing should only be done when it can accurately identify impairment caused by drug use.

So, you need to be reasonable in your application of testing employees and you cannot use it as a threat to not report.  You still need to follow DOT rules because they may override some of these situations.  All DOT accidents require post-accident testing and in most cases would meet the standard above in either case.

NEW CAL\OSHA HEAT ILLNESS PREVENTION RULES 3/23/2015

Here is a link to the new rules regarding Heat Illness as amended by Cal|OSHA: Copy and paste in a new window…..

https://www.dir.ca.gov/dosh/documents/Heat-Illness-Prevention-Regulation-Amendments.pdf

As you read through it, you will see 3 columns.  The first is existing language, the second is the amended language and the third is the guidance on the new requirements.  Please take the time to read through these regulations and understand them thoroughly.  OSHA will be out investigating and handing out large fines.  They will also be releasing this information to the media and local media loves to let people know when an employer is caught.  If you don’t want those problems, it is best to adjust to these rules NOW.  We are expecting over 80 temperatures next week and on-going for the next several months.

 

Global Harmonization is on the Way

Over the next 2 years you will hear a lot about Global Harmonization. This is not a requirement that we all sit in a circle, hold hands and sing songs. No, this is an attempt to use the same rules for all countries when it comes to the labeling of chemicals around the globe. Actually, it makes some sense that the chemicals we sell all over the world would have the same labeling everywhere so no matter where you are, you understand the basics of that container. For instance, there will be 9 pictograms (click here: Pictograms ) which need to be trained to all employees so that they can identify the danger. You will be seeing these pictograms as they are rolled into use over the next 2 years. Training needs to take place this year, so if you want to get a head start, you can start showing these to your management and supervisors so they get used to identifying them. The transport pictograms will also be rolling out but are not a necessity to learn unless you transport hazardous substances.

The other action you will want to take now, is to contact your suppliers and make sure you have a Safety Data Sheet for ALL hazardous chemicals on your property. They should be 3 hole punched and put in your yellow SDS binder and available to all employees (Not locked up). They should be put in alphabetical order by name so it is easy to find the right one in case of an emergency. OSHA will look for this on any visit to your location and the fines can be very large. Having Safety Data Sheets has been a requirement for many years, so there is not much room to fight this violation.

This is just an overview and you can find much more on line. If you have questions, please let me know.